We regularly assist our clients with compliance with truth-in-advertising laws and substantiating their advertising claims, including:

• Reviewing website, social media, software app, TV, radio, print, and other marketing collateral during each stage of development, from concept through final cuts. 
• Analyzing comparative advertising claims and mitigating high-risk offers.
• Advising on more heavily-regulated or scrutinized advertising claims, including Made in USA, environmental and sustainability, health and safety, claims to children, “free,” and pricing and sale claims.
• Drafting training materials and giving presentations on claim substantiation and advertising standards.

From startups to Fortune 50 brands, our attorneys are trusted for their expertise in FTC and other regulatory standards, state laws regarding deceptive practices, and the self-regulatory framework of the National Advertising Division (NAD). 

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 

Coupons, loyalty programs, gift cards, and other promotional activities help make the most of consumer spending and encourage brand loyalty. However, such programs come with a complex set of state and federal regulations. Our counsel includes:  

• Advising on state and federal regulations governing coupons, loyalty programs, gift cards and other promotional activities. 
• Ensuring compliance with unclaimed property laws. 
• Navigating money transmission regulations. 
• Providing guidance on structuring loyalty and gift card programs. 
• Assisting with regulatory filings and disclosures. 

We advise our clients on state, federal, and international regulatory compliance issues including by: 

• Advising on FTC rules and guidance related to endorsements, packaging and labeling, green and sustainability advertising, pricing and added fees, “Made in USA” claims, jewelry, textiles, and more.  
• Assisting clients in navigating changing state and federal laws and enforcement trends regarding recurring subscription programs. 
• Advising on compliance with the Telephone Consumer Protection Act and parallel state laws governing marketing to consumers through phone calls, text messages, and fax transmissions. 
• Providing guidance on marketing, labeling, and promotional campaigns that may implicate rules and guidance from the U.S. Food and Drug Administration, U.S. Department of Agriculture, Federal Communications Commission, Securities Exchange Commission, and U.S. Customs and Border Protection. 

Even the most vigilant of brands often face challenges from consumers, competitors, or regulators. When challenges arise, we are dedicated to zealously defending our clients while ensuring that these disputes do not hinder progress towards their business goals. We also protect our clients' interests when competitors unfairly compete or publish false advertising. Our representations include: 

• State and federal consumer class actions alleging false advertising, unfair competition, misbranding and improper labeling, and violations of consumer privacy statutes, including the Telephone Consumer Protection Act (and state equivalents).
• Regulatory investigations and enforcement matters involving government agencies, including the FTC and state attorneys general.
• Challenges and other disputes before self-regulatory bodies, such as the NAD. 
• False advertising and unfair business practice disputes between competitors, including claims involving advertising, intellectual property, right of publicity, and antitrust violations.

We draft and negotiate a range of marketing and promotion-related agreements, including: 

• Advertising and creative services agreements. 
• Advertising agency agreements.
• Co-marketing and co-promotion agreements.
• Cause marketing agreements. 
• Ambassador, influencer, spokesperson, and celebrity endorsement agreements. 
• Event sponsorship agreements. 
• Publicity and liability releases. 
• Product placement agreements. 
• Trademark and copyright license agreements. 
• Media buy agreements and IAB terms.
• Publicity, content, and location releases.

We help clients design and launch contests, sweepstakes, free giveaways, and other promotions by: 

• Drafting official rules, disclosures, 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.