Abby Meyer is a partner in the Business Trial Practice Group and leads the firm's Food and Beverage team. A seasoned litigator, she specializes in defending against consumer class actions targeting the consumer products, retail, and food industries and in litigating complex civil business disputes. In addition to her work representing clients in litigation, Abby provides advice and counsel to consumer packaged goods companies on various compliance issues including FTC compliance and unique marketing issues presented under California state law.
Areas of Practice
Consumer Class Action Defense & Related Advice Work
Abby specializes in defending companies against consumer class actions targeting product information found on the labels of packaged goods or associated advertising materials. For instance, she has defended claims such as "natural," "vanilla," "Made in USA," "flushable," and sustainability claims. She has also defended against alleged slack fill, underfill, contamination (heavy metals, PFAS), and health halo class actions.
She has successfully resolved disputes at the demand letter phase, opposed motions for class certification, and brought motions for summary judgment of the purported plaintiffs' claims. Abby’s clients have included food, beverage, cosmetics, and retail/consumer goods brands and services.
Based on her experience litigating numerous of these actions and her authorship on related topics, Abby also advises companies on whether their product labels are compliant with FDA regulations and other law (such as the FTC Green Guides and parallel state laws). Her goal is to help clients avoid litigation in the first instance.
Complex Civil Litigation
Abby has long represented companies facing business disputes, such as in the vendor/supplier, licensor/licensee, and reseller contexts. She also represents companies in real estate related litigation and breach of contract actions. In the complex civil litigation arena, Abby both brings and defends actions on behalf of her clients.
Abby looks to partner with her clients to understand their business, their goals, and to align litigation strategy accordingly. Her goal is to give legal advice that also helps her clients achieve their business objectives.
Abby handles all aspects of litigation, from early resolution, to case filing, to trial, and appellate practice. She handles cases in both state and federal court, and also in the arbitration context. Abby has defended against multi-party, multi-year, and multi-jurisdiction litigation.
In addition to her legal practice, Abby is an advocate for women and parents. She co-chairs the firm’s OC Families group which serves as a resource for the parents in the Orange County office. She previously served as co-chair of the Orange County Bar Association’s Mommy Esquire committee and served for several years as a director of the board for the Orange County Women Lawyers Association.
- Representing a retailer with a PFAS contamination class action.
- Representing a technology retailer with a false pricing class action.
- Representing a services company with a false advertising class action.
- Represented a beverage manufacturer during a three-day bench trial on whether consumption of the beverage exposed consumers to a Prop 65 chemical. The judge found that the plaintiffs did not establish a prima facie case of exposure.
- Represented beverage retailer in false advertising class action. Prevailed on motion for summary judgment.
- Represented specialty foods manufacturer in false advertising class action. Prevailed on motion to dismiss.
- Following scorched-earth litigation related to an easement and involving seven parties, drafted, argued, and won summary adjudication of all claims against our client, ending our client’s involvement in the matter; argued and affirmed on appeal (Rickley v. Gulf Oil Corp., 2021 Cal. App. Unpub. LEXIS 1307).
- Obtained a complete defense verdict for a financial institute following a downtown Los Angeles jury trial in a wrongful foreclosure action.
Ones to Watch — Construction Law, Best Lawyers, 2021-2024
Southern California Rising Star, Super Lawyers, 2020-2023
- OC Lawyer, 10.2023
- Food Manufacturing, 04.02.2023
- Sow What Now? Part 2: CDFA Finalizes Animal Confinement Regulations Amid a Hamful of Legal ChallengesFood Manufacturing , 01.04.2023
- Food Navigator-USA.com, 11.14.2022
- Food Manufacturing, 11.29.2021
- Food and Drug Law Institute, Winter 2021
- Food Navigator USA, 08.02.2021
- Food Navigator, 07.07.2021
- Law360, 01.21.2021
- Food Navigator, 01.13.2021
- Happi, 08.03.2020
- Association of National Advertisers, 11.2019
Class Action Defense Strategy Blog Posts
- "The Ninth Circuit Declares that Ambiguity can be Cured with Back Label," July 13, 2023
- "FDA Boosts Protein Preemption Defense," February 16, 2022
- "Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss," November 15, 2021
"An Arbitration Clause Health Check," June 22, 2020
- "'Happy Cows' False Labeling Theory is Just 'Half Baked': Court Dismisses False Advertising Claims Against Ben & Jerry’s," May 12, 2020
- "CBD Industry Beware: The False Labeling Class Action Has Arrived," September 30, 2019
- "Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims," August 19, 2019
- "Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time," August 5, 2019
- "Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions," January 14, 2019
- “'I’ll Be Back;' Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and Warranty Claims," October 18, 2018
- "Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements," October 17, 2018
- "Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for Injunctive Relief," June 26, 2018
- "Seventh Circuit Holds Footlong Settlement Falls Short," September 20, 2017
FDA Law Blog Posts
- "FDA Moves to End Use of Brominated Vegetable Oil in Food," November 9, 2023
- "“Dietary Guidance Statements” in Food Labeling: What You Need to Know About FDA’s Latest Draft Guidance for the Food Industry," April 11, 2023
- "Comment Period for “Healthy” Regulations Extended; But Consumer Class Actions Targeting “Health Halos” May Continue," December 20, 2022
Healthcare Law Blog Posts
- "HIMSS19 Kicks-Off Addressing Leading Topics in Healthcare Information Technology," February 13, 2019
Real Estate, Land Use & Environmental Law Blog Posts
- "PFAS and Food Packaging: Regulatory Changes Create Ripple Effects for PFAs-Related Litigation," November 16, 2022
Retail Law Blog Posts
- "New California Bill Seeks to Eliminate Certain Food Additives," April 11, 2023
- "California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products," March 21, 2023
- "Sow What Now?: Cal. Hispanic Chambers of Commerce et. al. v. Ross et. al., The U.S. Supreme Court, and California’s Proposition 12," April 18, 2022
- Marketplace.org, 01.27.2023
- Law360, 01.02.2023
- Food Manufacturing, 11.29.2021
- Law360's Weekly Verdict: Legal Lions & LambsLaw360, 01.12.2018
- Starbucks Wins Toss Of Underfilled Latte Class ActionLaw360, 01.05.2018
- Speaker, "Tactical Tools for Class Action Prevention: How Proper Claims Substantiation and Sound Labeling Practices Are Sometimes Your Best Offense," ACI’s Advanced Forum on Defending FDA-Regulated Consumer Products Class Actions, October 16, 2023
- Speaker, "A 'Healthy' Discussion on FDA Guidances and Health-Halo Litigation," Food Advertising, Labeling, and Litigation Conference, September 27, 2023
- Speaker, "PM Plenary: Nutrition," American Intellectual Property Law Association, February 2, 2023
- Speaker, "Class Action Developments in Flavors, Geographic Origin Claims, and More," Food Advertising, Labeling, and Litigation Conference: For the Food and Dietary Supplement Industries, September 28, 2021
- Speaker, "The Evolving Reasonable Consumer Standard, Developments in Preemption, and Other Litigation Trends," Food Advertising, Labeling, and Litigation Conference, September 22, 2020
- Speaker, "Plastic and Single-Use Legislation and Litigation," 10th Annual Food, Beverage, and Supplements Virtual Regional CLE Program, May 25, 2021
- What are the Potential Liabilities Surrounding PFAS in Consumer Products?, San Diego, CA, March 18-21, 2024
- Webinar Series, 2023
- Zoom Webinar, 10.12.2023
- Class Action Threats in 2023 and Beyond - A Webinar Series, Webinar, 07.25.2023
- Webinar, 05.16.2023
- Beyond Healthy: What the Industry Needs to Know About FDA’s Proposed Healthy Regulations & Related Litigation RisksWebinar, 11.02.2022
- Presented by Sheppard Mullin and Ramboll, Webinar, 06.23.2022
- Food Advertising, Labeling, and Litigation Conference: For the Food and Dietary Supplement IndustriesVirtual, 09.28.2021
- 10th Annual Food, Beverage, and Supplements Virtual Regional CLE Program, 05.25.2021
- Webinar, 10.14.2020
- Food Advertising, Labeling, and Litigation Conference: For the Food and Dietary Supplement IndustriesFDLI Virtual Event, September 22-24, 2020
Member, Food & Drug Law Institute California Programs Planning Committee
Member, Orange County Bar Association
Co-Chair, Orange County Bar Association’s Mommy Esquire Committee
Past Member of Board of Directors, Orange County Women Lawyers Association
J.D., University of California, Los Angeles, 2013
B.A., Cinema-Television (Critical Studies), University of Southern California, 2007, magna cum laude
B.A., University of Southern California, 2007, magna cum laude
- Prior to working at Sheppard Mullin, Abby worked for the Honorable Andrew J. Wistrich of the U.S. District Court for the Central District of California as an extern in 2011.
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- Ninth Circuit Court of Appeals
- Fourth Circuit Court of Appeals