Advertising and Consumer Law

For many clients doing business in FDA-regulated industries, diverse marketing campaigns are a top priority. Every marketing plan has many regulatory considerations including pricing, advertising, packaging and labeling, distribution and customer service. Entering the marketplace without a solid understanding of misleading, untruthful, or deceptive advertising can result in costly penalties and poor public relations that can cripple a brand overnight.

Fuerst Ittleman David & Joseph’s lawyers have been counseling clients about the Federal Trade Commission Act (FTC Act) and individual state “Mini-FTC Acts” aimed at protecting consumers. Clients have sought out our attorneys for advice on FTC issues including:

• Crafting compliant marketing claims
• Structuring rules and regulations for sweepstakes or special promotions marketing
• Building a proper substantiation file to support advertising claims
• Collecting and using testimonials
• Handling complaint letters from the FTC, FDA, State Attorney General, and other groups and organizations

Our attorneys understand that advertisers like to be assertive and have assembled a team skilled in advising clients on the comparative and competitive laws under the Lanham Act and the FTC Act. They are well versed in quasi-government groups and self-regulatory bodies such as the National Advertising Division (NAD) of the Better Business Bureau (BBB) and the Electronic Retailing Self-Regulatory Program (ERSP) of the Electronic Retailing Association (ERA).

The choice of media is yours. Our attorneys have reviewed a plethora of promotions, contests, giveaways and countless pages of print and web advertising; thousands of hours of television short-form advertising, along with dozens of direct response long-form infomercials and radio spots in addition to drafting numerous privacy policies, procedures for web 2.0 websites and promotions such as guidelines governing user-generated content (UGC) and online communities as well as general terms of use.

Our attorneys have experience advising food, drug, cosmetic and consumer products manufacturers, marketers and importers on advertising compliance. Past and present Fuerst Ittleman David & Joseph clients include U.S. and foreign companies, cosmetics formulators, weight loss and exercise marketers, inventors, chefs, physicians and others with issues related to a wide variety of products such as food, dietary supplements, medical devices, technology, animal products, color cosmetics, exercise equipment and weight-loss products and programs.

Fuerst Ittleman David & Joseph’s attorneys get to know their clients’ businesses and help to detect, classify and reduce risks, respond timely and effectively to FDA or FTC investigations and have successfully and artfully litigated against regulators. From marketing brainstorming to advertising campaign launch, our team of regulatory counsel partner with clients to help meet their objectives without losing sight of their creativity and the bottom line.