Advertising Compliance and Counseling

Just as effective due diligence can minimize business risks and pave the way for successful corporate transactions, effective advertising and marketing reviews can help brands ensure compliance with consumer protection laws and industry self-regulatory guidelines. Perhaps most important, proactive counsel can help businesses build and maintain the positive customer relationships that they have worked tirelessly to develop.

The complex—and often inconsistent—web of federal and state laws governing consumer marketing and advertising demands lawyers who are deeply familiar with the priorities and processes of regulatory and law enforcement agencies. Before joining Hunton Andrews Kurth LLP, many of our lawyers served in government positions at the US Federal Trade Commission and other agencies. As a result of firsthand experience, we understand the inner workings of consumer protection agencies and have earned the respect of lawyers and government officials at every level. These cooperative relationships enable us to develop solid brand campaigns, evaluate risks and present our clients’ perspectives fairly.

We help clients identify and resolve advertising and marketing-related risks well before they pose a threat of noncompliance. Among other areas, we provide counsel on:

  • Substantiating health and efficacy claims;
  • Reviewing food, drug and cosmetic packaging and labeling;
  • Developing branded content, endorsements, testimonials, user-generated content and influencer campaigns;
  • Making “green” and country of origin claims;
  • Marketing to children;
  • Designing loyalty programs, sweepstakes, promotions and contests;
  • Creating warranties, guarantees and service contracts; and
  • Marketing regulated products to of-age consumers.

We closely monitor advertising and other consumer law developments, and are regular contributors to the firm’s Retail Industry Blog and related, industry-specific client communications and newsletters. We enhance the quality of our clients’ experience by offering creative and responsive strategies and developing and implementing in-house training programs that increase awareness and understanding among key client staff and leadership.

Our clients include some of the world’s largest consumer products and retail companies across a broad spectrum of industries and products, including consumer electronics, appliances, computers and peripherals, toys, internet and mail order retailing, petroleum and lubricants, tobacco, beverage alcohol, food and beverages, online sales, and internet services, among others.

Experience

  • Selected matters that we have handled include:

    • Advising a leading manufacturer of lawn and garden products on all of the company's labeling, packaging, advertising and other related issues, including social media.
    • Advised a global tobacco company regarding the introduction of new tobacco-related products (e.g., electronic cigarettes and other products delivering tobacco-derived nicotine). As part of this multidisciplinary team, a Hunton Andrews Kurth lawyer was seconded to the client’s office to provide on-site, real time advice and counseling. The client relied on us to provide advice relating to the warning information that would accompany these new products.
    • Assisted a clothing retail in responding to a multi-company inquiry from the FTC’s Bureau of Consumer Protection concerning certain health benefit claims relating to shapewear advertising and marketing. We successfully negotiated a settlement with the FTC on behalf of our client.
    • Counseled a leading consumer electronics company on federal guidelines regarding warranty language, and specifically advising on return policies.
    • Reviewed and provided advice to a major electricity provider regarding a World Series advertising campaign.
    • Represented one of the world’s largest companies in an FTC investigation regarding advertising claims. The investigation was closed by the FTC with no action required by our client. We also provided counseling in connection with advertising substantiation, marketing, and promotions activities for this client, including co-promotions with other entities.
    • Represented a major consumer electronics company in connection with false advertising claims brought by a competitor before the National Advertising Division.
    • Advised a leading consumer health products company regarding an inquiry by the Maryland and Florida Attorneys General. Our representation involved assisting the company in responding to CIDs requesting documents and information regarding scientific substantiation for products sold by the company. Both investigations were closed with no action taken by the Attorneys General.
    • Providing regular advice and counseling to a major home improvement retailer regarding a range of advertising and marketing issues. We also represented this client before the National Advertising Division, and, as a result of recent regulatory changes, worked closely with the company to overhaul the way information is provided to customers on its consumer-facing website.
    • Advised a manufacturer in the automotive industry regarding compliance with new regulations, including those related to new Telephone Consumer Protection Act rules regarding text/SMS marketing.
    • Advised cosmetics company regarding potential false advertising, unfair competition and Lanham Act claims.
    • Advised electronics manufacturer with respect to investigation of claimed product attributes for popular printing product.
    • Defended pharmaceutical company in personal injury, unfair competition and 17200 claims regarding product attributes of injectable cosmetic medication. 
    • Represented a Fortune 150 national grocery chain in a Petition to Quash the company’s CID. This was the first major substantive challenge to the Federal Trade Commission’s Section 5 authority and the level of proof required to show consumer injury.
    • Represented a Fortune 10 company in the coordination of a response to multistate attorney general actions for environmental and fraud claims.

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