Advice and Review
- We regularly advise clients regarding state and federal regulations concerning claim substantiation and the sufficiency of studies to support proposed claims.
- We review advertising materials and campaigns for compliance with relevant laws and regulations, including Federal Trade Commission guidance, false advertising laws, intellectual property rights, and issues regarding social media and internet advertising.
False Advertising Litigation
- We represent multiple food and beverage companies in false advertising disputes with competitors in federal court.
- Julia Huston obtained a $20.7 million jury verdict and permanent injunction for a client in a false advertising case under the Lanham Act.
- We successfully represented a major automobile company in the U.S. Court of Appeals for the First Circuit in a dispute with a dealer over internet advertising policies and practices.
- We successfully represented numerous consumer products companies in proposed class actions based on allegedly false advertising and marketing practices, avoiding certification of a class in every case.
- We have handled actual and proposed class actions around the country alleging that our client falsely advertised insurance policies, defeating class action certification and obtaining favorable verdicts, dismissals, or settlements in all cases.
- We defended a consumer class action against health club chains and transportation companies based on alleging illegal terms in its member agreements, obtaining a dismissal that were affirmed on appeal.
- We brought a NAD action based on a comparative advertising campaign, resulting in a successful and groundbreaking decision providing guidance as to whether and how advertisers can recirculate social media posts of consumers.
- We defended a food manufacturer in a NAD proceeding involving the calculation of nutritional information, as well as in a companion court case, which involved the complicated interplay between the NAD and court rules.
- We defended a client accused of violating NAD’s little known anti-disparagement and anti-denigration rules in the context of a puffery-based ad campaign.
Regulatory Proceedings (FTC, FDA and State Attorneys General)
- We have represented clients before the Federal Trade Commission, including in connection with advertising claims in the fields of health, wellness and cosmetics.
- We have represented parties before the FDA with respect to labeling and advertising inquiries involving our clients or our clients’ competitors.
- In conjunction with our States Attorney General practice, we have represented clients before the Attorneys General of New York and Massachusetts with respect to allegations of unfair and deceptive trade practices, false advertising and unfair competition.