Caitlin C. Blanche

Partner
Caitlin Blanche

Caitlin Blanche is a seasoned litigator who focuses her practice on consumer class action and product focused litigation. Caitlin represents the manufacturers and distributors of food and beverages, cosmetics, pharmaceuticals, medical devices, and other equipment facing issues such as false advertising, unfair competition, or other fraud-based claims, as well as product liability claims, including under California’s Proposition 65. She is nationally recognized as a thought leader in the environmental social governance (ESG) space, including greenwashing challenges, and is actively involved in efforts to combat “greenhushing.”

Caitlin is a passionate advocate for business-oriented solutions to her client’s challenges and enjoys working with clients to manage needs across a multidisciplinary platform. Caitlin is often tasked with managing her clients’ most complex business litigation matters, both offensively and defensively. These matters often revolve around breach of contract concerns, trade secret and other brand protection priorities, interference, defamation, and real estate. She spends much of her time doing proactive work with her clients, advising them on best practices for avoiding litigation, including by thoughtful review and guidance related to product labeling, marketing, and vendor relationships. Caitlin has a deep knowledge of the law most relevant to consumer-facing communications, including challenges posed by social media and artificial intelligence. She stays on top of litigation trends and their catalysts, including angles like emerging contaminants, stigmatic ingredients, and ESG-related claims. As a result, Caitlin is a thought leader in consumer class action litigation, often predicting waves of litigation before they hit and preparing for the best defense possible, making her an informed and thoughtful partner to clients

Caitlin is an experienced public speaker, well known for her presentations on various aspects of litigation risk, including the often-overlooked risks of email. Clients turn to her to mitigate the dangers of their advertising and communication, to audit their internal and external communication systems, and to help prepare for legal processes such as subpoenas, depositions, and trial.

She is very passionate about pro bono work, taking active roles in several projects annually.

Experience

Representative Matters

  • Succeeded on a motion to dismiss based on a novel choice of law argument in the District of Columbia Superior Court in a consumer class action brought by a public interest organization under District of Columbia Consumer Protection Act. In this case, plaintiff alleged certain statements by the global superfood company defendant regarding “fair wages and labor practices” and “ethical sourcing” amounted to deceptive conduct and false advertising because, plaintiff presumed, there existed child labor at some level of defendant’s supply chain
  • Succeeded on a motion to dismiss in the Southern District of New York in a consumer class action against a well-known feminine hygiene brand, wherein plaintiff alleged the products were falsely advertised under New York General Business Law as suitable for their intended use because, as plaintiff stated, the products were not so suitable because of certain publications and/or cited theories that women should not use soap as part of their feminine hygiene routine
  • Obtained a voluntary dismissal in two federal court putative class actions alleging the presence of a volatile contaminant in aerosol hair products rendering the products falsely advertised or misbranded under New York General Business Law, the California Unfair Competition Law, the Consumer Legal Remedies Act, and the False Advertising Law
  • Defended a publicly traded lease to own business in a putative class action under California’s Karnette Act, pursuant to which plaintiffs alleged defendants charged certain fees that are not “reasonable or actually incurred” and therefore are prohibited under the Act
  • Successfully performed as lead counsel for a large pet food manufacturer in a first-of-its-kind “natural” pet food labeling class action. Succeeded in a motion to dismiss in part an industry effort to petition the California Department of Public Health to formally adopt the industry definition of “natural” and guidelines for when it can be used on a pet food label in a non-misleading manner as a regulation in California. Succeeded in that petition and was able to have suit stayed indefinitely pending CDPH’s formal rulemaking
  • Won a motion to dismiss in part, limiting claims, and obtained a favorable settlement for a pet food manufacturer in a putative California consumer class action relating to alleged levels of certain heavy metals present in cat food
  • Obtained a favorable settlement for a personal care product manufacturer in a dispute alleging products were not properly certified organic under any representative standard, based on the labeling claims as they relate to finished textile goods
  • Served as lead counsel in a personal care product putative class action alleging the products are falsely advertised, based on independent testing detecting organic fluorine as an indicator of PFAS or forever chemicals
  • Obtained a walkaway settlement for a global beauty brand in defense against a consumer class action under New York General Business Law in which plaintiffs alleged the products contained slack fill due to misleading product packaging design
  • Obtained a voluntary dismissal of a consumer class action alleging beverage products were falsely advertised, based on the presence of citric acid and natural flavors
  • Acted as counsel for a food, beverage, and consumer product company in defense against Notices of Violation and litigation, under California’s Proposition 65; regularly obtain withdrawal or nuisance value settlements on behalf of clients
  • Acted as an outside general U.S. legal counsel to a large public medical technology company focused on aesthetics; manage nationwide litigation, contract management, employment, intellectual property, and regulatory needs
  • Represented a marketing agency in several actions alleging violations of several Jane Does’ privacy in connection with distribution of videos of Ms. Doe on an adult content website; successfully compelled arbitration in all cases and achieved walkaway settlements
  • Represented a global leader in industrial materials in the U.S. District Court for the District of Utah in a case alleging negligence and premises liability, and seeking punitive damages based on exposure to allegedly dangerous chemicals in the workplace, resulting in severe injuries and damages to a minor while in utero
  • Obtained a favorable settlement for a large healthcare management company in a complex lawsuit against a medical network for intentional misapplication of admission codes based on the HSA’s definition of “medical necessity” under what is known in the industry as the “Two Midnight Rule,” resulting in inappropriate use of “Observation” patient status, leading to severe underpayment of claims
  • Defended a global pharmaceutical company in numerous high-stakes and highly public lawsuits across the country; defense involved complex scientific and medical arguments and expert testimony, leading to several defense verdicts or favorable resolutions

Insights

Credentials
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Education

  • J.D. Loyola Law School, Los Angeles 2007
    • Dean’s List, 2006 – 2007
    • Note and comment editor, Loyola of Los Angeles Entertainment Law Review
    • President, Women's Law Association, 2005 – 2006
  • B.A. magna cum laude Arizona State University, Barrett Honors College 2001
    • Dean's List, 1998 – 2001
    • Phi Beta Kappa

Bar Admissions

  • California

Court Admissions

  • Supreme Court of California
  • U.S. District Court
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Professional Memberships and Activities

  • Member, Board of Directors, OCTANE
  • Member, Child Abuse Prevention Center
  • Member, American Bar Association
  • Member, Orange County Bar Association

Languages

  • Italian

Recognition
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  • Super Lawyers, Rising Star, 2016 – 2017

Community
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Pro Bono

  • Previously served as a pro bono coordinator for a national law firm and was active in numerous projects, including a cyber civil rights initiative in collaboration with the California Innocence Project