False Advertising Litigation & Protection

Our False Advertising Litigation & Protection team is at the forefront of US and global false advertising issues. In the US, we are involved in some of the country’s most high-profile false advertising and unfair competition litigation under the Lanham Act. We also represent clients’ interests on important compliance and legislative issues before the National Advertising Division of the Better Business Bureau (NAD), FTC, CPSC, CFPB and Federal Deposit Insurance Corporation (FDIC). We also provide pre-launch advertising counseling and clearance reviews and assist clients in advertising-related investigations. Our opinions about related laws and legislation are sought after and quoted by the media.

Our team brings a comprehensive perspective to false advertising related issues and problems. Our team is multidisciplinary and includes Intellectual Property & Technology (IP&T) lawyers; litigators who focus primarily on false advertising and unfair business practices claims; legislative policy and regulatory lawyers who routinely advocate on behalf of our clients before Congress and regulatory agencies; and colleagues in the UK and Europe whose principal focus is on media and advertising counseling and transactions.

By leveraging this multidisciplinary depth, we provide clients a comprehensive suite of marketing, false advertising and advocacy services:

  • Developing successful and compliant marketing campaigns – in the US, country-by-country and globally
  • Defending the fairness and accuracy of those campaigns
  • Preventing or stopping competitors from engaging in unfair competition, including false and misleading advertising
  • Enforcing and defending the use of trademarks and trade dress rights

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Litigation Counsel

We represent clients in all manner of individual, consumer class action and parallel government litigation (e.g., actions brought by state attorneys general), including:

  • Prosecuting and defending all claims under the Lanham Act
    • False advertising
    • Anti-counterfeiting issues
    • Trade-dress and trademark infringement
    • Telephone Consumer Protection Act (TCPA) claims
  • Other false advertising claims, including unfair business practices, competition, business and trade practices
  • Social media and Internet advertising
  • Failure to warn-related litigation
  • Antitrust-related claims
  • Defense of NAD and FTC challenges
  • Privacy and publicity claims
  • Endorsements and testimonials
  • Defamation lawsuits

Advisory Counsel

We also review and assess all areas of potential exposure and commercial viability of our clients’ marketing programs at the state, federal, country-by-country and global level, including:

  • Advertising, marketing, product assertion and warranty portfolio
  • Trademark and brand portfolio
  • Sweepstakes and promotions
  • Green marketing claims under the FTC’s Guidelines for the Use of Environmental Marketing Claims
  • Market risk evaluation
  • Crisis management
  • CPSC’s warning label requirements, including state-specific requirements, such as California’s Proposition 65
  • Regulatory counsel
  • Congressional investigation counsel
  • Compliance programs
  • Corrective action programs
  • Product recalls

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