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False Advertising Litigation

Companies in a broad range of fields, including pharmaceuticals, financial services, consumer products and food and beverage, turn to us for our significant experience in false advertising litigation, including disputes between competitors and consumer class actions.

Clients rely on our substantial experience with respect to state unfair competition and false advertising laws, claims under the Lanham Act, as well as handling numerous disputes before the National Advertising Division of the Better Business Bureau (“NAD”), the National Advertising Review Board and the major television networks. The Firm’s attorneys have counseled clients extensively with respect to advertising issues, including reviews of proposed advertising, commissions of consumer surveys, evaluations of clinical protocols and analyses of competitors’ advertisements. We also have assisted with presentations to government consumer protection agencies and other third parties.

In addition, clients benefit from our experience working with clinical research experts, statisticians and professionals with substantive knowledge in the fields of pain relief, sleep, pharmacokinetics, gastroenterology, dentistry, headaches, arthritis, allergies, dermatology and vitamins.

Select representations include:

  • Pfizer, and formerly Wyeth, in false advertising disputes for more than a dozen years, including litigation, NAD hearings, NARB appeals, ongoing advice and compliance work
  • Pinnacle Foods in a consumer class action lawsuit challenging the cooking instructions for one of its products
  • Blackstone in a civil enforcement action brought by the Los Angeles City Attorney’s Office challenging the advertising of one of its portfolio companies
  • Merck, and formerly Schering-Plough, in numerous NAD and Networks challenges involving competitors to Claritin and Coppertone; provide ongoing advice for various over-the-counter products
  • Warner-Lambert Company prior to its acquisition by Pfizer regarding the advertising, marketing and promotion of some of its most important prescription products, such as Lipitor and Rezulin, including working on the launch materials for both of these products
  • Duracell in several advertising disputes
  • Wyeth in numerous challenges before the NAD and the Networks involving competitors to Advil, Centrum and other OTC products
  • SiriusXM Radio in several consumer class action lawsuits challenging its advertising

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