Advertising sells, but every claim you make is a promise you may have to back up. Unsubstantiated performance claims, sloppy comparisons to a competitor, and undisclosed influencer relationships all draw scrutiny from the FTC, the National Advertising Division, and rivals looking for an opening. We help you market aggressively and stay on the right side of advertising law, then go after the competitors who don't.
Substantiating Your Claims
Before a campaign goes live, we pressure-test the claims behind it. Do you have the testing, data, or expert support to defend "clinically proven," "#1," or a specific performance number? We tell you where the exposure is and how to reword a claim so it still lands with customers without inviting an FTC inquiry or a competitor challenge. Catching weak substantiation before launch is far cheaper than defending it afterward.
Comparative And Competitive Ads
Naming a competitor and showing why you win is one of the most effective tactics in advertising, and one of the riskiest. We structure comparative ads so the comparison is truthful, fairly tested, and not misleading by implication, which keeps your message sharp while limiting false advertising risk. When a rival's ad about you crosses the line, we move the other direction and challenge it.
Influencer And Digital Marketing
Influencer marketing, native ads, and social campaigns carry their own disclosure rules. We build endorsement guidelines, draft influencer agreements, and set up disclosure practices that satisfy the FTC's standards on material connections and honest reviews. We also advise on sweepstakes, contests, email and texting rules, and the platform terms that govern how you run promotions online.
NAD And Lanham Act Disputes
When advertising disputes escalate, you have options. The National Advertising Division offers faster, lower-cost self-regulatory review, and we represent both advertisers and challengers there. For matters that belong in court, we pursue and defend false advertising claims under Section 43(a) of the Lanham Act, seeking injunctions and damages, or fighting them off when your campaign is the target.