Practice Areas & Industries: Loeb & Loeb LLP


Marketing and Advertising Regulatory Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group

Practice/Industry Group Overview

Advertising and marketing today is regulated by a multitude of government agencies at both the state and national levels, as well as industry bodies and self-regulatory frameworks, which continually impose new and more stringent requirements for marketers. In this ever-changing and increasingly complex regulatory environment, Loeb & Loeb’s Marketing and Advertising Regulatory Practice offers proactive, knowledgeable counsel to help clients reach, serve and expand their markets utilizing both traditional and new media platforms. We work closely with our clients in the development and review of advertising and promotional materials to ensure compliance with the full range of legal and industry standards, and to avoid or overcome regulatory actions or investigations.
As rapidly evolving Internet and digital media platforms, new technologies and mobile applications enhance marketers’ ability to create and deliver more personalized, segmented solutions to customers, the market has witnessed the introduction of more and more local, state and federal laws designed to protect consumers, address privacy and data security implications of emerging media and marketing channels, and help individuals and businesses maintain control over their intellectual property and brand assets. Our multidisciplinary practice provides sophisticated risk management guidance to keep our clients out of harm’s way and help them develop best practices and procedures to conduct effective and legally compliant marketing campaigns of all types and across all platforms.
We advise clients on multimedia marketing initiatives that involve compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and state anti-spam laws; applicable laws regarding collection and use of consumer information; FTC and state government false, deceptive or unfair advertising requirements; and issues regarding use of social media and consumer-generated content. We also counsel on regulatory issues involved with marketing to children, sustainability and green marketing, product labeling and other specific marketing practices.
Should regulatory actions or investigations arise, our experienced advertising disputes attorneys have expertise representing advertiser clients in all phases of litigation in state and federal court and in alternative dispute resolution. We also have extensive experience representing advertisers in proceedings before the National Advertising Division (NAD), the Children’s Advertising Review Unit (CARU) and other advertising industry self-regulatory bodies.
Our broad Marketing and Advertising Regulatory Practice capabilities include:
  • Compliance with the myriad local, state and federal consumer protection laws 
  • Consumer class action litigation and settlements 
  • FTC and state attorney general investigations 
  • Sweepstakes and contests 
  • Email marketing, text message marketing and telemarketing
  • CAN-SPAM and FTC and FCC rules and regulations
  • Behavioral and viral marketing 
  • Collection and use of customer data 
  • Privacy and data security 
  • Claim substantiation 
  • Sustainability and green marketing
  • Children’s marketing 
  • Mail order compliance 
  • Product placement and brand integration 
  • Negative options 
  • Customer incentives, including coupons, rebates and loyalty programs 
  • Gift cards and state abandoned property laws 
  • Club and membership-based marketing


Services Available

Upcoming Seminars
  Sponsored, Speaking Engagements, Washington, DC, March 31, 2015
Natural Products Expo West, Anaheim Convention Center, Anaheim, CA, March 7, 2015
Past Seminar Materials
  2015 Mid-South Intellectual Property Institute Annual Conference, University of Mississippi School of Law, February 27, 2015
Social Media Week New York, New York, NY, February 24, 2015
Consumer Protection Conference, Washington, DC, February 12, 2015
Hub Models and Programs Design, Philadelphia, PA, February 5, 2015
Food and Beverage Claim Substantiation, January 29, 2015
See more...
Articles Authored by Lawyers at this office:

Accountability Program Releases Compliance Warning on Enhanced Notice for Online Native Advertising
, December 23, 2014
The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online Behavioral Advertising. This week, the Program issued a new compliance...

NAD Finds Fault with Taste Test’s Survey Universe and Test Locations
Thomas P. Jirgal,David Mallen, December 05, 2014
In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by properly designed and conducted consumer testing. The MOM Brands Company case...

Not Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case
Livia M. Kiser, November 12, 2014
In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...

NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims
Thomas P. Jirgal,David Mallen, November 11, 2014
A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...

FTC Updates Its Mail Order Rule
Kenneth R. Florin,James D. Taylor, October 15, 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).

FTC Sends Warning Letters to Major Advertisers About Inadequate Disclosures
Thomas P. Jirgal,David Mallen, October 02, 2014
The FTC announced it has sent letters to over 60 major retailers, including 20 of the 100 largest advertisers in the U.S., that failed to make adequate disclosures in their television and print ads.

Facebook Updates Platform Policy to Prohibit “Like-Gating”
Nathan J. Hole,James D. Taylor, August 26, 2014
Facebook's recently updated Platform Policy for developers states, "Only incentivize a person to log into your app, like your app's Page, enter a promotion on your app's Page, or check-in at a place. Don't incentivize other actions. Effective November 5th, 2014, you may no longer incentivize...

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media
, July 01, 2014
In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...

Snapchat Settles FTC Charges of Misrepresenting Privacy and Security Features
Kenneth R. Florin,Ieuan Jolly,Nerissa Coyle McGinn,James D. Taylor, May 21, 2014
Snapchat, a mobile app that lets users send photos and videos that self-destruct within ten seconds, settled FTC charges relating to the app's ephemeral message feature and the app's data collection and security features. This settlement is notable because some of the "misrepresentations"...

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks
Livia M. Kiser,Michael L. Mallow, April 15, 2014
In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not realize that the FDA does not require pre-market approval of cosmetics or...

FTC Letter States Pinterest Contest Entries are Endorsements
Kenneth R. Florin,Nathan J. Hole,James D. Taylor, April 08, 2014
After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a contest offering a prize.