Advertising Law

The business of advertising remains fast-paced, wide-open and controversial. It is an industry that, by its very nature, must constantly evolve and adapt to technological advancements and cultural changes. Advertisers often walk a fine line between what is timely and effective for their products or services and what crosses the line in the context of conflicting federal, state and local rules. Businesses that advertise require legal counsel with vast experience in the industry – lawyers who can scrutinize and anticipate advertising issues and respond quickly and thoroughly.

Clients turn to Frost Brown Todd for the day-to-day review of advertising and promotional campaigns from the conceptual stage through production, publication and distribution. Our lawyers are adept and knowledgeable with a vast amount of experience counseling clients in a wide variety of industries and litigating cases spanning jurisdictions and issues.

Our lawyers act as members of many creative teams, helping clients keep their advertising and marketing within legal boundaries. We identify for clients in a timely manner areas of concern to assist them in evaluating the level of risk they are comfortable taking on for any particular campaign. Our lawyers succeed by not only giving practical advice but solutions to problems that are grounded in the business realities and competitive environment faced by our clients.

We also counsel clients on the risks inherent in their relationships with third party vendors, Internet and on-line developers and service providers, production companies, media, talent, performers’ unions, insurers and employees as well as matters governing the relationship between advertising agencies and advertisers.

Our lawyers are experienced in handling all facets relating to advertising, marketing and media including:

  • Reviewing advertising copy/script across all mediums (e.g., TV, Internet, radio, print, social media)
  • Reviewing advertising and promotions for national network clearance rules and requirements
  • Analyzing claim substantiation under federal and state laws and regulations
  • Assessing and structuring surveys, scientific studies and other data for comparative, superiority and other advertising/product claims
  • Reviewing and counseling on environmental and other “green” claims
  • Reviewing product packaging and labeling under relevant federal and state laws and regulations (e.g., FDA, FTC Guidelines, etc.)
  • Counseling on federal, state and local laws regarding sweepstakes and contests including drafting and reviewing rules, registration, and bonding requirements
  • Reviewing and counseling on promotional techniques using interactive media, including crowdsourcing, consumer generated content and viral marketing
  • Reviewing and counseling on use of social media platforms (Facebook, Twitter, YouTube, etc.) for advertising and promotional purposes as well as counsel on the creation of social media policies for employees and marketing
  • Advising on best practices related to behavioral advertising and related information privacy matters and assist with compliance with federal laws and industry standards
  • Reviewing and counseling on use of endorsements, testimonials and word-of-mouth marketing in promotional campaigns
  • Advising on appropriate uses of third-party trademarks, copyrights and other intellectual property in advertising
  • Searching product names, logos, taglines and slogans for trademark purposes
  • Registering trademark rights
  • Reviewing and counseling on compliance with telephone, email and Internet related laws and regulations (e.g., TCPA, CAN-SPAM, DMCA, CDA, etc.)
  • Drafting privacy policies, user agreements and terms of use for websites in support of website-based promotional activities
  • Negotiating and advising on advertising representation agreements
  • Litigating advertising/product claims in federal and state court and before federal and state agencies (FTC, FDA, Attorneys General, etc.) for false advertising, Lanham Act and related actions
  • Challenging and defending claims before non-governmental entities including local BBB units, the National Advertising Division and Children’s Advertising Review Unit

Representative Clients

  • Sunny Delight Beverages Co.
  • Perfetti van Melle USA
  • ACH Food Companies, Inc.
  • Luxottica Group
  • The ServiceMaster Company
  • United Feature Syndicate
  • Scripps Networks Interactive
  • Northlich LLC
  • Empower Media Marketing
  • Cincinnati Bell Inc.
  • Healthy Advice Networks
  • Valmont Industries, Inc.
  • Gutter Covers International, Inc.