A single product claim can draw an FTC inquiry, a competitor's Lanham Act suit, and a consumer class action at the same time. Advertising law reaches every claim you make about your product or a competitor's, every endorsement and influencer post, every sweepstakes and contest, and every call, text, and email you send to market it. We help marketing teams launch campaigns that will hold up, with substantiation in the file and disclosures where consumers will actually see them, and we represent companies when a regulator, a competitor, or a plaintiff's firm challenges what they said.
The Rules That Apply
Section 5 of the FTC Act prohibits unfair or deceptive acts or practices, and the FTC requires a reasonable basis for objective claims before they run, with competent and reliable scientific evidence for health and safety claims. The FTC's Endorsement Guides, 16 C.F.R. Part 255, require clear disclosure of material connections between brands and the people who promote them, and the FTC's rule on consumer reviews and testimonials bans fake and purchased reviews, with civil penalties for knowing violations. Section 43(a) of the Lanham Act gives competitors a private claim for false or misleading statements of fact in commercial advertising. State UDAP statutes, such as the Tennessee Consumer Protection Act and California's Unfair Competition and False Advertising Laws, add consumer and attorney general enforcement.
Promotions, Calls, And Email
Sweepstakes and contests are lawful when they remove one element of an illegal lottery: prize, chance, or consideration. That usually means a free alternative method of entry and official rules that state eligibility, odds, prize values, and dates. New York and Florida require registration and bonding for games of chance with total prizes over $5,000. The Telephone Consumer Protection Act requires prior express written consent for telemarketing calls and texts made with an autodialer or an artificial or prerecorded voice, and it carries statutory damages of $500 per violation, up to $1,500 if willful. CAN-SPAM requires accurate header information, a valid physical postal address, and an opt-out mechanism honored within ten business days.
Clearing Campaigns Before Launch
We review advertising copy, packaging, landing pages, and comparative claims against the substantiation you actually have, and we tell you which claims need testing, softening, or qualification. We build influencer agreements and posting guidelines that require proper disclosures and give you the right to remove noncompliant content. We draft official rules for sweepstakes and contests and handle state registrations. For SMS and calling programs, we review consent language, opt-out handling, and lead vendor contracts, and for email we check sender identification and suppression lists. Where your claims rest on technology, such as AI features, security, or performance benchmarks, our engineering background helps us test the claim against how the product really works.
Challenges, Inquiries, And Lawsuits
When a competitor's ads mislead buyers, we can challenge them before the National Advertising Division of BBB National Programs or in federal court under the Lanham Act, where the Supreme Court's Lexmark decision requires an injury to commercial interests in reputation or sales. When your company is the target, we respond to NAD challenges, FTC civil investigative demands, state attorney general inquiries, and cease-and-desist letters. We defend Lanham Act suits and consumer class actions under state UDAP laws and the TCPA, where early motions on consent, standing, and class certification often decide the case. These disputes are handled with our Litigation practice, so the same team carries the matter from the first letter through trial.
Common Mistakes To Avoid
The most common problem is running a claim first and looking for support afterward. Keep substantiation files for every objective claim at the time it runs. Do not rely on a hashtag buried among twenty others or a disclosure hidden behind a 'more' link; the FTC expects disclosures to be clear and conspicuous. Do not assume a lead vendor's consent records will hold up, and get indemnities and audit rights in those contracts. Make sure 'free' really means free, and that 'Made in USA' claims meet the FTC's standard that all or virtually all of the product is made here. Finally, update claims when the product changes, because a claim that was true last year can be false today.
