Advertising Law

We understand all of the details that must be addressed in preparing advertising, from accuracy and substantiation to the laws of each state applicable to sweepstakes and promotions.  We have provided counsel for advertising campaigns of all types in all media, including e-mail campaigns on the Internet.

Comparative Advertising
Manufacturers spend hundreds of billions of dollars developing, launching and marketing products every year. To have a product's value diminished through unfair or deceptive advertising is unjustifiable, as well as illegal. Yet it is also true that nothing captures consumers' interest quite like a well-produced ad that ranks or compares similar products.  The comparison usually seems credible, and aimed at educating consumers and saving them time and money.

However, constructing and defending a legitimate comparative ad campaign are complex undertakings, requiring thorough knowledge of advertising law and how it intersects with trademark and copyright issues.  Our attorneys have counseled both manufacturers and advertising agencies to ensure that their advertisements are accurate, and, equally important, that products are fairly represented in comparative ads.  As a matter of course we screen clients' ads for compliance with applicable regulations, such as those from the FDA or FTC.  We also address issues in online comparative shopping sites.

Simply put, we see ourselves as partners in guarding our clients' assets, and understand the business implications when a client's products or services are misrepresented.

Sweepstakes & Promotions
Today's emphasis on integrated marketing means many companies are developing contests and sweepstakes, or offering incentives and coupons, that are designed to complement traditional advertising efforts, both online and offline.

Our experience includes counseling and structuring skills contests and chance sweepstakes, both of which can raise important issues such as alternate means of entry, adequate disclosure of prize awards and chances of winning, consent or misappropriation of a contestant's or celebrity's likeness, and validity of disclaimers. We also are well versed in the regulations applicable to more specialized promotions, such as those targeted at children, involving travel, or making use of the Internet.

With this level of complexity and regulation, it is essential to have an experienced attorney who understands the common and not-so-common traps that can undercut the most inventive promotions, and recognizes when a promotion needs to be refined. Our sweepstakes and promotions experience includes not only structuring the promotions themselves, but also the related press releases, advertising and direct mail solicitations.