In today’s highly competitive market, companies have to aggressively advertise their products and services in order to gain the attention of future clients, build demand, connect with consumers and win new customers. The FTC attorneys at Suarez Gaitan – The Health & Business Law Group, counsel clients about the Federal Trade Commission Act (FTC Act), Lanham Act, and state laws that regulate the content and format of advertising.
Our FTC attorneys review advertisements, marketing campaigns, websites, labeling, and more to ensure that they are not deceptive, misleading or untruthful. Failing to comply with the FTC Act, Lanham Act, or state laws can result in civil litigation, government enforcement action, costly penalties and irreparable damage a company’s reputation.
Clients have sought out the FTC attorneys of Suarez Gaitan – The Health & Business Law Group for counseling on FTC issues including:
- Crafting adequate disclaimers that are clear and conspicuous
- Advising on labeling, advertisement and website revisions
- Developing compliant marketing claims
- Building adequate records for substantiating advertising claims
- Properly using endorsements, testimonials and user-generated content (UGC)
- Structuring rules and regulations for sweepstakes and special promotions
- Responding to inquiries, investigations and complaint letters from the FTC, State Attorney General, District Attorneys, the National Advertising Division (NAD), and private claims
- Initiating a challenge against a competitor or marketer before the NAD
NATIONAL ADVERTISING DIVISION (NAD) CHALLENGES
The National Advertising Division (NAD), an investigative division of the advertising industry’s self-regulatory process, offers alternative dispute resolution to manufacturers, distributors, marketers and consumers with complaints regarding product claims and advertising practices.
Administered by the Council of Better Business Bureaus, the NAD seeks to ensure that claims made in national advertising are truthful, accurate and not misleading, and that product performance claims are supported by competent and reliable evidence. NAD cases can be initiated by NAD staff monitoring or through “challenges” filed by competitors, consumers, or public interest groups., and does not necessitate that the challengers submit evidence of actual consumer deception in connection with the allegedly misleading advertising claims,
The attorneys at Suarez Gaitan – The Health & Business Law Group assist companies responding to a NAD investigation, as well as those looking to initiate a challenge. Our attorneys are experienced at reviewing advertisement claims, analyzing substantiating evidence and representing clients at NAD hearings.