Advertising and Marketing Law

Every business needs to understand its legal obligations and be aware of the potential risks associated with the advertising and marketing of products and services. Regardless of whether a company utilizes an agency to conceptualize and design advertisements and marketing materials, it is ultimately the responsibility of the advertiser to ensure it is compliant with the various federal and state statutes and regulations. Violations for non-compliant advertisements can incur heavy fines and other actions by the Federal Trade Commission (FTC), and potentially the Attorney General's Offices, which can be detrimental to a company’s operations and reputation.

The FTC oversees and regulates advertising, marketing, and interstate trade practices in the United States. It enforces truth-in-advertising laws, which state that advertising must be truthful, not be misleading and, when appropriate, should be backed by scientific evidence. Advertising claims for products and services that impact consumer health or finances, such as food, drugs, tobacco, alcohol, vehicles, and banking, are closely regarded by the FTC. The truth-in-advertising laws apply regardless of how and where advertisements appear, including radio, television, print, internet, direct mailers, billboards, affiliate marketing product placement, social media, and sweepstakes offers.

Jennings, Strouss & Salmon attorneys work with clients to ensure all forms of advertising are compliant before being published and distributed, as well as assist clients that find themselves the target of a deceptive advertising investigation. We serve clients in virtually every aspect of advertising, marketing and promotions law, including:

  • Advertising Litigation
  • Advertising Substantiation and Claim Clearance
  • Advertising Regulatory Investigations and Litigation
  • Affiliate Marketing Business Agreements
  • Competitor Litigation and Advertising Challenges
  • Consumer Class Action Defense
  • Consumer Protection/Fraud Defense
  • Direct Marketing
  • Environmental (Green) Marketing
  • Food, Drug, Dietary Supplement, Cosmetic and Medi Spa Advertising
  • Intellectual Property and Licensing
  • Internet, Email and Mobile Marketing
  • Privacy
  • Social Media Advertising and Marketing
  • Sweepstakes, Contests and Promotional Marketing
  • Technology
  • Telecommunications
  • Telemarketing
  • Telephone Consumer Protection Act (TCPA) Defense

Our goal is to help businesses implement advertising and marketing campaigns that conform to the laws and regulations of federal, state and local agencies. We work with our clients to help achieve their advertising and marketing goals without violating laws and putting the business at risk. Our proactive legal counseling is aimed at preventing issues that can be avoided, but if not addressed, potentially have a devastating impact on the company. If a business finds that it is in violation of advertising and marketing laws, Jennings, Strouss & Salmon attorneys are well versed in working with regulatory agencies to resolve issues.