Our firm regularly advises clients on the regulatory standards governing all types of advertising including print, television, radio and Internet. We advise on the distinction between advertising and labeling and the differing regulatory standards that apply to each, as well as the roles of the states and self-regulatory mechanisms.
We have represented clients in regards to Federal Trade Commission investigations of advertising and have assisted in the submission of advertising substantiation files to the FTC. We have worked with clients in arriving at settlements with the FTC and represented clients in contested FTC proceedings. We also have advised them on post-Order compliance requirements and submissions.
Under Section 43(a) of the Lanham Trademark Act, which creates a private cause of action for false advertising of trademarked goods, we have defended and prosecuted private law suits between marketers where advertising claims were challenged. In the case of prescription drugs, FDA has exclusive jurisdiction over advertising, and we advise and represent pharmaceutical clients in FDA challenges to advertising practices.
Our Advertising Law Services Include:
- Reviewing all types of media advertisements to ensure compliance with FDA, FTC and Federal Law requirements
- Developing key marketing strategies to effectively communicate advertisement messages
- Responding to advertising challenges by the National Advertising Division (NAD)
- Assisting in the submission of advertising substantiation files to the FTC
- Advising clients on post-Order compliance requirements and submissions
- Working with the FTC to arrive at settlements and representing clients in FTC enforcement proceedings
- Advising and representing clients in dealing with state groups, including multi-state resolutions of questioned advertising matters
- Managing advertising campaigns by assisting and executing marketing strategies including television infomercials and radio, print and internet advertisements