FTC and State Advertising Compliance

FTC and State Advertising Compliance

Advertising in the highly regulated environment of FDA-regulated industries is an intricate balancing act between producing impactful, effective promotions and remaining in compliance with the rules of the FDA, FTC, NAD, and other governing bodies. Companies must craft advertisements carefully to avoid and mitigate risks of adverse actions not only by federal government agencies, but also by State Attorneys General, competitors and class actions attorneys. With our intimate knowledge of the industry and deep experience with advertising regulations, Amin Talati Upadhye is uniquely positioned to guide clients through the labyrinth of regulations to create compliant and effective product labeling and advertising, including internet based social media, email and native advertising campaigns.

Amin Talati Upadhye works with clients of all sizes from the first step of an advertising campaign through launch and provides additional counsel for any subsequent challenges that may follow. The actionable insight we provide extends to all types of media, including print, television, radio and internet.

Our attorneys frequently represent food, nutritional supplement, drug, cosmetic and other consumer product companies in all dealings with the FTC, including investigations of advertising claims under Civil Investigative Demands requiring submission of substantiation files which we tailor and package to produce best outcomes. While we always attempt to achieve a satisfactory and expedient resolution, we will also zealously represent our clients in contested FTC proceedings when necessary.  Once a satisfactory resolution has been reached, we advise our clients on ongoing compliance requirements and submissions.

Under Section 43(a) of the Lanham Act, which creates a private cause of action for competitor false advertising, Amin Talati Upadhye prosecutes and defends private lawsuits between competitors when advertising claims are challenged.  We also have a tremendous amount of experience in defending and bringing advertising challenges before that National Advertising Division (NAD) and the Electronic Retailing Self Regulation Program (ERSP).

Our FTC and Advertising work encompasses:

  • Strategy development to effectively communicate advertising messages while remaining in compliance with legal requirements under FTC, FDA and other laws
  • Managing the legal compliance component of advertising campaigns by assisting and executing marketing strategies, including television infomercials and radio, print and internet advertisements
  • Responding to and bringing advertising challenges including NAD, ERSP and Lanham Act
  • FTC investigations and enforcement proceedings
  • State level compliance, including defending multi-state AG actions