Advertising and Marketing Regulation

Advertising and marketing campaigns are often crucial to the success of consumer product and service companies. Such campaigns can be national and even international in scope. They are regulated by a multitude of government agencies at both the national and local level. Enforcement agencies have broad authority to halt unlawful practices and impose penalties on companies that sponsor these campaigns. In some cases, other participants in a campaign, such as advertising agencies, can be liable as well.

Latham & Watkins has lawyers in the United States and throughout Europe and Asia who regularly advise and defend clients on these types of issues and monitor developments in this area. Lawyers in Latham & Watkins' Advertising and Marketing Regulation practice have the skills and experience to provide guidance on matters such as substantiation of advertising claims, limits to freedom of speech, trademark infringement in advertising, US Federal Trade Commission and State Attorneys General investigations, claims before European courts and trade groups — including the French Cour de Cassation, the Office of Harmonization in the Internal Market, the Paris Court of First Instance, etc., claims in the US by competitors based on the Lanham Act, laws governing sweepstakes and promotions, product safety claims and warranties, use of coupons and rebates, telemarketing, Internet marketing, non-traditional marketing methods and consumer protection laws regarding financial practices. We also have extensive experience representing clients in investigations, litigation and consumer fraud class actions, and before US Federal and state industry-specific regulatory agencies — e.g., the US Federal Communications Commission, US Food and Drug Administration, banking and financial regulators -- and their counterparts in Europe and Asia.

Our experience spans a broad range of subject matter areas, including:

• Advertising regulation and substantiation
• Trademark Infringement
• Government and private litigation, including class actions
• Labeling and mandatory product disclosures
• Marketing of pharmaceuticals and medical devices
• Marketing of diet, exercise and nutritional supplement products
• Internet marketing, including behavioral targeting, "adware," search engine marketing and e-mail marketing
• US Federal Trade Commission and State Attorneys General consumer fraud enforcement
• State deceptive practices statutes
• Naming rights
• Celebrity endorsements and product placements
• Coupons and rebates
• Lanham Act claims
• Affinity and reward programs
• Marketing to children
• Marketing and charitable promotions
• Product safety regulation
• Sweepstakes, contests and promotions  
• Telemarketing, e-mail and text messaging campaigns
• Ambush, guerrilla and viral marketing
• Warranty regulation
• Financial services and payment product marketing and compliance

Please click here to read about recent developments in advertising and marketing regulation.