Health & Wellness

Health and wellness is one of the world’s fastest-growing industries. As consumer demand for transformative, science-backed products continues to grow, forward-thinking businesses in the health and wellness space need strategic advice to successfully navigate regulatory complexities and be well positioned in this dynamic consumer-driven market.

Our multidisciplinary Health and Wellness practice brings together a diverse team to provide comprehensive legal guidance tailored to the unique needs of consumer product companies in the health and wellness industry. This includes dietary supplements, functional foods, smart fitness equipment and AI-enabled wearable devices and mobile apps, as well as skin care products and related self-care goods that consumers use to promote their personal health. With a deep understanding of the regulatory landscape, market trends and emerging technologies, our team assists clients in developing innovative products, ensuring compliance regulations and developing market strategies that resonate with the needs of today’s consumers.

From startups seeking to launch disruptive products to established companies aiming to expand their market share, we offer strategic advice at every stage. We have experience assisting clients with a range of services, including product development and marketing, brand protection, privacy and data security requirements, strategic acquisitions, compliance with Food and Drug Administration (FDA) regulatory requirements and Federal Trade Commission (FTC) claim substantiation considerations, risk mitigation strategies, and post-market litigation and regulatory challenges.

We recognize that success in the health and wellness sector requires more than just legal knowledge; it demands a holistic understanding of the industry landscape and consumer behavior. By leveraging our collective knowledge and experience, we help clients achieve their goals in this dynamic market.

Loeb & Loeb is at the leading edge of advising on today’s technology-driven advertising and marketing initiatives in the health and wellness space. We frequently help companies navigate FTC regulatory complexities, and we provide practical, business-oriented advice. Our lawyers assist clients with a range of services, including advertising review, claim substantiation, advertising disputes, media and influencer agreements, and promotional strategies.

From medical devices and supplements to smart fitness equipment and digital health apps and platforms, our team helps companies comply with HIPAA and other applicable privacy laws. We work with clients to ensure the ethical and effective management of data assets while protecting patient and customer health information.

Additionally, we provide litigation support in privacy matters to safeguard clients’ interests amid evolving regulatory landscapes.

Our team helps companies establish, protect and exploit their brand assets. Whether we are developing and implementing a start-to-finish brand strategy, negotiating licensing agreements or resolving high-stakes infringement disputes, our deep industry knowledge combined with innovative and strategic solutions help health and wellness companies reach their goals. Our services extend to the protection and enforcement of patents, copyrights, trademarks, service marks, trade names and trade dress. Additionally, we handle complex intellectual property prosecution and litigation as well as facilitate intellectual property and technology licensing transactions.

Our lawyers help companies navigate evolving regulatory complexities in the health and wellness space throughout all stages of the product life cycle. With deep knowledge of FDA, U.S. Consumer Product Safety Commission, U.S. Department of Agriculture and similar state law regulations, as well as FTC claim substantiation requirements, our lawyers advise on product development, regulatory pathways to market, ingredient and component requirements, safety and efficacy studies, and as needed, FDA premarket submissions. We have experience in evaluating product advertising and labeling, including social media campaigns and influencer initiatives, for compliance with FDA and FTC regulatory requirements. If a government, competitor or consumer challenge arises, our team is well equipped to defend clients in regulatory enforcement actions, inspections and investigations, claim substantiation disputes, and product recalls.

Loeb is at the forefront of advising on innovative transactions in the health and wellness space. Our lawyers have extensive experience counseling on public offerings, mergers, acquisitions and strategic licensing agreements. We frequently advise health and wellness companies navigating strategic partnerships with celebrities to enhance brand recognition and market presence. Additionally, we counsel on venture capital investments specifically tailored to the health and wellness industry to support our clients’ opportunities for growth.

With an understanding of the complexities of evolving industry regulations, our lawyers take a comprehensive approach to protecting clients by implementing legal risk mitigation strategies. This includes conducting risk analyses and reviewing advertising for potentially false advertising and deceptive trade practice claims, as well as assisting companies in complying with California’s Proposition 65. When conflicts arise, our lawyers provide advice on pre-suit notices of claims and negotiations and defend against class action lawsuits alleging false advertising and deceptive trade practices.