Advertising and Marketing Compliance and Regulatory Counseling

Advertising and Marketing Compliance and Regulatory Counseling

Just as effective due diligence can minimize business risks and pave the way for successful corporate transactions, effective advertising and marketing reviews can help advertisers ensure compliance with consumer protection laws and industry self-regulatory guidelines. Perhaps most important, proactive counsel can help businesses maintain the positive customer relationships that they have worked tirelessly to develop.

The complex — and often inconsistent — web of federal and state laws governing consumer marketing and advertising demands lawyers who are deeply familiar with the priorities and processes of regulatory and law enforcement agencies. Before joining Hunton & Williams LLP, many of our lawyers served in key government positions at the US Federal Trade Commission and other agencies. These include current practice group head and former FTC Deputy Director of the Bureau of Competition Bruce Hoffman and former FTC staff attorneys Amanda Wait and Kristina Van Horn. Counsel Phyllis Marcus most recently served as Chief of Staff of the Bureau of Consumer Protection’s Division of Advertising Practices, where she was the recipient of the Official Commendation for Distinguished Service, the Bureau Director’s Award and numerous other honors.

As a result of this firsthand experience, we understand the inner workings of these agencies and have earned the respect of lawyers and government officials at every level. These cooperative relationships enable us to develop solid brand campaigns, evaluate risks, and present our clients’ perspectives fairly.

We help clients identify and resolve advertising and marketing-related risks well before they pose a threat of noncompliance. Among other areas, we provide counsel on:

  • Substantiating health, efficacy and other claims
  • Developing effective and compliant digital advertising campaigns
  • Designing sweepstakes, promotions and contests
  • Developing branded content, endorsements, testimonials, user generated content, and influencer campaigns
  • Reviewing food, drug, cosmetic, consumer product and retail packaging and labeling
  • Making “green” and country of origin claims, including compliance with FIFRA
  • Marketing to children
  • Telemarketing and TCPA issues
  • Creating warranties, guarantees and service contracts
  • Marketing of tobacco, beverage alcohol and other regulated products to of-age consumers

We closely monitor advertising and other consumer law developments, and are regular contributors to the firm’s highly regarded Retail Industry Blog and related, industry-specific client communications and newsletters. We enhance the quality of our clients’ experience by offering creative and responsive strategies and developing and implementing in-house training programs that increase awareness and understanding among key client staff and leadership.

Our clients include some of the world’s largest consumer products and retail companies across a broad spectrum of industries and products, including consumer electronics, appliances, computers and peripherals, toys, internet and mail order retailing, petroleum and lubricants, tobacco, beverage alcohol, food and beverages, online sales, and internet services, among others.