The persistent threat of false advertising claims can jeopardize a company’s ability to project its brand, sell its products and expand its market share. Whether brought by competitors, regulators or consumer class action counsel, these claims can deeply impact long-term brand viability.
Our lawyers are known for both pressing these claims and defending them. From major household names to disruptive startups, we represent advertisers in all product categories and across all media platforms — traditional and online.
Over decades at the forefront of advertising law, we have honed our ability to handle high-profile claims of false or misleading advertising. While we have vast experience with federal court Lanham Act cases, competitor disputes are often resolved through the industry’s self-regulatory body, the National Advertising Division. In either forum, we bring keen insight and deep knowledge to the legal issues surrounding advertising claims.
Consumer Class Actions
As the plaintiffs’ bar aggressively pursues large, potentially ruinous class actions against advertisers and marketers, our clients rely on us to fight back. We counter plaintiffs’ tactics with a superior knowledge of advertising law, and with the specific industry knowledge they invariably lack. Accordingly, we excel at resolving these actions with minimal financial or reputational damage.
Rigorously vetting advertising claims is a key step in avoiding or minimizing expensive disputes. We help clients review marketing materials and establish processes that guide the formulation and substantiation of claims. Especially in newer categories, where emerging technologies often outpace regulation, the best practices we advise are both time-tested and widely emulated.
When a federal, state or local government body raises consumer protection issues, we help clients navigate and defend all manner of investigations and enforcement actions — from the Federal Trade Commission (FTC) to state attorneys general to local and county-level agencies. We are thoroughly versed in the advertising rules of all 50 states and have handled regulatory challenges in both individual state and multistate actions. We make sure our clients are well aware of differing regulatory rules — even before creative work begins — in order to build good compliance practices directly into their processes and ensure defensibility of the work.