Companies in a broad range of fields, including pharmaceuticals and supplements, financial services, consumer products, technology, and food and beverage, turn to us for our significant experience in false advertising litigation, including disputes between competitors and consumer class actions, as well as for ongoing regulatory guidance.
False advertising and unfair competition occurs in every industry, and our experience in resolving disputes under state laws, the Lanham Act, or before the National Advertising Division of the BBB National Programs (“NAD”) and the National Advertising Review Board (“NARB”), allows our advertising team to deliver results for our clients. 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.
Our team includes the former Head Vice President of BBB National Programs who led the NAD as its chief adjudicator for nearly a decade, as well as nationally-ranked advertising litigators. 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, neurology, nutrition and vitamins. Select representations include:
- Bayer, and formerly Merck and Schering-Plough, in numerous NAD, Networks, and Federal challenges involving competitors to Astepro, Claritin, Coppertone, and the One-A-Day supplements brands; provide ongoing advice for various over-the-counter products
- 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
- Maty’s Healthy Products in a significant win in an advertising challenge before the NAD
- Genexa in an advertising challenge before the NAD
- SuccessWare in false advertising litigation, including Lanham Act and state law false advertising claims
- 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
- 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