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Advertising & Marketing

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At the intersection of creativity and compliance, we help manage your essential advertising and marketing needs.

All advertisers face intense scrutiny from consumers, competitors, and government agencies. Critical decisions on advertising and labeling help drive a successful marketing campaign and a positive brand reputation.

HOW WE HELP

With substantive knowledge in the fields of beauty and cosmetics, cannabis, consumer products, food and beverage, dietary supplements, fashion, health and wellness, logistics, retail, sports and entertainment, and many other industries, Seyfarth’s Advertising & Marketing group helps clients get it right the first time, and otherwise solve problems as soon as they arise.

Our Advertising & Marketing attorneys regularly represent clients in advertising disputes and litigation in courts and before regulatory agencies around the country, including in defense of class actions and multidistrict litigation. The group handles matters before or involving:

  • State and Federal Courts
  • Federal Trade Commission (FTC)
  • National Advertising Division (NAD) and National Advertising Review Board (NARB)
  • Food & Drug Administration (FDA)
  • State Attorneys General

Our attorneys also advise and defend clients on all manner of consumer protection issues, including state, federal, and international privacy and data protection laws, California’s Proposition 65, and Consumer Product Safety Commission issues.

OUR SERVICES

Seyfarth’s Advertising & Marketing group covers all aspects of this complex and nuanced area of law, including:

  • Claims Substantiation. Analyze advertising and related marketing campaigns before launch and otherwise assist with developing appropriate product testing.
  • Clearance. Review advertising for potential falsity or deception, intellectual property infringement, right of publicity violations, and other risk, and assist with obtaining clearances from appropriate rights-holders.
  • Sweepstakes & Promotions. Draft official rules for sweepstakes, contests, and other promotions, and assist with/advise on state registration and bonding requirements.
  • E-commerce. Advise clients on e-commerce matters related to product or consumer websites, including digital advertising, privacy, and data collection under state and federal law, as well as compliance with related industry self-regulation.
  • Product Labeling. Review product labels for FDA and FTC compliance.
  • Specific Claim Guidance. Advise on various claims subject to particular laws and governmental guidance, such as, “Made in USA,” “Clean,” “Natural,” and “Free of,” claims, Environmental Marketing (Green Guides), reviews and endorsements (Endorsement Guides and Influencer Guides).
  • California Prop 65. Counsel clients on compliance with and responding to demands related to Prop 65.
  • Privacy Statutes. Advise on compliance with the Children’s Online Privacy Protection Act (COPPA), California’s Consumer Privacy Act of 2018 (CCPA) and Consumer Privacy Rights Act (CPRA), and others.
  • Government Investigations. Assist clients in responding to warning letters, requests for documents, investigations, and enforcement activity initiated by the FDA, FTC, DOJ, state attorneys general, and other governmental regulators.
  • Consumer Litigation. Evaluate and defend labeling and advertising claims—including class actions—under various state and federal consumer statutes.
  • Competitor Litigation. Bring and/or defend against false advertising claims against competitors in courts under the Lanham Act and related unfair competition laws and at the NAD.
  • Agency, Entertainment, Management, Production, and Other Agreements. Represent celebrities/influencers/artists, brands, studios, production companies, and advertising agencies in the negotiation of all manner of agreements from location releases, to influencer agreements, to talent management agreements, and everything in between.
  • Product/Consumer Testing Agreements. Advise on, and negotiate agreements with third party vendors for substantiating claims, including soup-to-nuts provision of claims substantiation services, all while maintaining appropriate attorney-client privilege protections.
  • Social Media and Influencers. Advise clients on best practices for utilizing social media to promote brand awareness in compliance with the FTC’s endorsement guides, including preparing employee policies and best practices and influencer contracts and relationship guidelines.

THE SEYFARTH EXPERIENCE

Working together, our cross-disciplinary group brings industry expertise and trial attorney perspective to bear on complex advertising and marketing issues.

Our Advertising & Marketing attorneys leverage the firm’s industry-leading service delivery platform to achieve greater predictability in billing by offering alternative fee arrangements, ranging from “all-in” fixed-fee portfolios and blended fees across practice areas to risk-sharing mechanisms and phased fees for complex litigation matters. Our group also uses industry leading, proprietary technology (“Seyfarth Link”) to deliver enhanced service to our clients, including best-in-class web-based collaboration, sophisticated budget and financial management, and real-time monitoring and analytics.