In recent years, as mass tort cases involving pharmaceuticals, medical devices, and consumer products have ballooned in size and advertising spend, product manufacturers have also seen a dramatic increase in the public’s attention to them. Mass tort defendants often face scrutiny in the popular press, on Facebook, Twitter, and YouTube, and even on the political debate stage, from the start of litigations, and long before any court or jury has the opportunity to consider the validity of the claims alleged against them. Companies at the center of these matters can understandably feel like they are under attack and unable to effectively counter one-sided narratives.

Corporate defendants and their counsel are not without recourse, however. Especially in today’s rapidly changing world, defendants should be prepared to take steps to address negative media attention, balance public perception, and advance their affirmative themes.  Several courts, for example, have been willing to adopt ground rules on extrajudicial communications and to take action when attorneys cross the line and make inflammatory prejudicial statements. The Federal Trade Commission also recently stepped in to address potentially misleading advertising by lawyers soliciting plaintiffs for mass tort cases, including by sending warning letters and issuing guidance to attorneys and consumers.