Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Karen Ellis Carr

Karen Carr, Partner at Arent Fox LLP
Karen Ellis Carr
Washington, DC

Karen’s complex litigation practice has encompassed matters involving commercial real estate, construction, defense contracting, fashion and luxury goods, health care, hospitality, media and entertainment, and professional sports industries.  In addition to her work with individual companies, Karen has represented a number of industry associations on litigation, coordination of industry regulatory strategy, and federal and state legislative issues.  Karen has first- and second-chaired matters in numerous state and federal trial and appellate courts throughout the country and in arbitration and mediation, and has experience in all phases of litigation from pre-litigation strategy and counseling to settlement negotiation and appeals. 

A key segment of Karen’s practice is focused on biotechnology, pesticide law, environmental law, and related litigation.  Karen represents large and small members of the regulated community in litigation under a number of federal environmental and administrative law statutes, regulatory and product counseling, and on issues related to advertising and labeling, testing and reporting, and data use and compensation disputes.

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Blog Posts by Karen Ellis Carr

Health Privacy & Security, Advertising
False Ad Plaintiffs Out of Joint and Out of Luck in Fourth Circuit

The Fourth Circuit has recently made it more difficult for false advertising plaintiffs to survive a motion to dismiss where their claims are based on an allegation of “literal falsity.” In the suit, plaintiffs, purchasers of certain joint health supplements, alleged that GNC and Rite Aid engaged in false advertising and violated various state consumer protection laws, deceptive advertising, and express warranty statutes in marketing joint health supplements containing glucosamine and chondroitin. Specifically, plaintiffs alleged that the joint health representations on defendants’ product packaging were false because the “vast weight” of scientific evidence has shown that those ingredients are not more effective than placebos at treating osteoarthritis. 

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‘To Pomegranate or Not to Pomegranate…’

In an 8-0 decision, the US Supreme Court ruled last week that a private party may bring a Lanham Act claim challenging a food label regulated by the Federal Food Drug and Cosmetic Act (FDCA). The case originated when POM Wonderful LLC (POM), the makers of POM pomegranate juice drink, sued Coca-Cola Company in 2008, alleging that Coca-Cola had misleadingly labeled as “pomegranate-blueberry blended juice” a product that is more than 99 percent apple and grape juice, violating the Lanham Act. Justice Anthony Kennedy, writing for the Court, ruled that FDCA regulation did not preclude a Lanham Act claim and that Congress’ intention was for both statutes to co-exist: “Congress did not intend the FDCA to preclude Lanham Act suits like POM’s.” Slip. Op. 17

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.