Advertising claims and marketing materials should be drafted with truth-in-advertising laws and claim substantiation standards in mind. Our lawyers routinely assist with the following:

• Reviewing website, social media, software app, television, radio, print, and other marketing collateral
• Analyzing comparative advertising claims and mitigating high-risk offers
• Advising on more heavily-regulated or scrutinized advertising claims, including Made in USA, environmental, health and safety, claims to children, cosmetics, “new,” and pricing claims
• Drafting training materials and giving presentations on claim substantiation and advertising standards

Startups to Fortune 50 brands rely on our lawyers for their knowledge of FTC and other agency standards, state unfair and deceptive acts or practices laws and National Advertising Division (NAD) self-regulatory advertising standards.

We help clients administer contests, sweepstakes, free giveaways, and other promotions, including through the following:

• Drafting official rules, disclosure, prizing agreements, winner affidavits, and liability/publicity releases
• Advising on promotional structures and strategic considerations under illegal lottery and promotions laws
• Assisting with registering, bonding, and related regulatory compliance issues
• Counseling on FTC endorsement requirements and social media platform rules associated with contests and sweepstakes
• Reviewing marketing assets for compliance with truth-in-advertising laws and promotional laws
• Advising on intellectual property issues and user-generated content ownership
• Advising on international promotions
• Structuring “free” and other promotional offers, including drafting offer terms and advertising disclosures

We routinely advise brands on social media influencer campaigns and celebrity endorsements including by:

• Drafting and negotiating influencer and endorsement agreements
• Preparing influencer compliance materials, including social media policies and codes of conduct for influencers
• Providing influencer and social media trainings
• Advising on native advertising disclosures and related compliance
• Reviewing and advising on social media advertising and social media platform rules
• Counseling on social media and other space-constrained disclosures

Digital and offline loyalty, gift card, and coupon programs are great ways to promote one’s brand, but a complex network of state and federal regulations governs the use of these tools. We counsel brands on compliance with these and related laws, including unclaimed property and money transmission laws.

We guide our client on compliance with the numerous state and federal rules and regulations, such as FTC rules and guidance on endorsements, jewelry, textiles, packaging and labeling, green or eco-friendly advertising, “Made in USA” claims, pricing claims, and more. Also, we help our clients navigate state and federal laws regulating automatically renewing subscriptions and recurring billing. Of course, marketing, labeling, and promotional campaigns may implicate rules and guidance from, the U.S. Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), Federal Communications Commission (FCC), Securities Exchange Commission (SEC), and U.S. Customs and Border Protection, and we advise brands in these areas as well.

Even brands with strong compliance programs may run into consumer, competitor, or regulatory challenges. When that happens we vigorously defend clients against claims, while working to prevent the dispute from derailing business practices and objectives. We also bring unfair competition claims to protect our clients’ brands. Our litigation experience includes the following:

• Consumer class actions alleging misbranding, false advertising, and improper labeling
• Regulatory matters involving government agencies, including the FTC and state lawyers general
• Self-regulatory bodies, such as the National Advertising Division (NAD)
• Unfair business practice claims between competitors, including claims involving intellectual property and antitrust violations

We help clients identify and negotiate key deal points to achieve their desired relationship and goals. Our representations in this area include drafting and negotiating a variety of marketing and promotion-related agreements, such as:

• Creative services agreements
• Advertising agency agreements
• Co-marketing and co-promotion agreements
• Cause marketing agreements
• Ambassador, influencer, and celebrity endorsement agreements
• Event sponsorship agreements
• Publicity and liability releases
• Media buy agreements