Practice Areas & Industries: Loeb & Loeb LLP


Marketing and Advertising Regulatory Return to Practice Areas & Industries

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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

Past Seminar Materials
  Sponsored, Speaking Engagements, Washington, DC, March 31, 2015
Natural Products Expo West, Anaheim Convention Center, Anaheim, CA, March 7, 2015
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
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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 G. 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...