Advertising Law

Advertising LawAdvertising can be a source of liability for any business. The Federal Trade Commission, along with state regulators, enforces a wide variety of laws and rules relating to advertising, marketing, and promotion. Any false, deceptive, or unfair advertising practice can result in significant consequences, particularly when directed at consumers. The First Amendment protects commercial speech, however the government can impose reasonable restrictions that are tailored to address a specific governmental interest. Our firm has substantial experience representing clients in state and federal courts, FTC enforcement actions, consumer disputes, and state-level investigations. Over the years, we have advised hundreds of advertising networks and affiliates on the unique legal issues associated with online advertising in grey area markets. Our attorneys have the experience to provide strategic legal guidance on advertising law to clients throughout the country.

Additional Resources:
Can You Spam Under the CAN-SPAM Act?
Advertising on Dating Sites
Shooting the Messenger Stanford Law and Policy Review
Advertising Liability in the Online Gambling Industry
Celebrity Fakes: Just a Joke or Real Trouble?

Advertising law is a broad, fast-evolving area of law that involves vetting claims about products and managing business practices to avoid misleading, deceiving, or defrauding consumers. Product promotions and the media used to convey advertising messages evolve rapidly. For instance, mobile, affiliate, and social media marketing — all of which scarcely existed a few years ago — are now among the most prominent advertising channels. At the same time, the traditional model of an advertiser working with an ad agency has evolved into an industry with a multitude of intermediaries including payment processors, affiliate marketers, endorsers, producers, and product developers, all of whom may play a role in advertising decisions that can create legal exposure.

Companies and individuals involved in the advertising and promotion of products require counsel who keep pace with new developments in the ways advertisers interact with consumers and how those efforts are regulated. Counsel must also understand the risks and potential liability associated with the different types of companies involved in advertising and promotional efforts. Together, these skills give advertising attorneys the ability to tailor advice to their client, no matter what type of advertising or promotion-related activity the client provides.

Advertising law also involves recognizing the important balance between maximizing product sales and minimizing legal risk. Legal advice on advertising claims and promotional strategies should be practical and allow clients to make informed business and legal decisions. Creativity also is an important aspect of counseling in this area because advertising attorneys must be able to recognize the many interpretations consumers may infer from advertising claims or business practices and develop innovative solutions to remedy any potential problems those inferences may cause.