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 hefty 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 strictly 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 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 and fraud defense
- direct marketing
- environmental (green) marketing
- food, drug, dietary supplement, cosmetic and medispa advertising
- intellectual property and licensing
- internet, email and mobile marketing
- social media advertising and marketing
- sweepstakes, contests, and promotional marketing
- Telephone Consumer Protection Act (TCPA) defense
Our goal is to assist businesses with the implementation of advertising and marketing campaigns that conform to the laws and regulations of federal, state and local agencies to avoid issues that could have a devastating impact on the company. We work with clients to help achieve their advertising and marketing goals without violating laws and putting the business at risk. Should your business find that it may be at risk of violating advertising and marketing laws, Jennings Strouss attorneys are well-versed in working with regulatory agencies to resolve issues.