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Covington represents numerous clients concerning Federal Trade Commission Act, Lanham Act and state law issues arising from their advertising, website content, labeling and other promotional materials and activities, as well as issues arising from the advertising claims made by their competitors. We also provide advice concerning European Union and member state advertising, labeling and consumer protection initiatives.
Our advertising and ad substantiation counseling practice is informed by our extensive experience litigating (on behalf of both plaintiff and defendant) numerous advertising cases before federal and state agencies and courts, as well as participating in Better Business Bureau comparative advertising proceedings.
At the agency level, for example, we have assisted a client in the Internet travel business in responding to inquiries from the FTC concerning statements made on its website and obtaining a no action termination of the Commission’s investigation; helped a client dissuade the FTC from conducting an investigation in response to a complaint submitted by PETA; responded to FTC inquiries related to disclosure of possible search preferences by an Internet search engine, resulting in a no action termination of the investigation; and represented clients before the FTC, the U.S. Customs Service and consumer protection agencies of various states concerning “Made in USA” and other country-of-origin designations.
In the courts, we have helped the American Petroleum Institute successfully defend its branded oil certification program against Lanham Act and antitrust challenges; successfully defended the publisher of a scientific journal against claims of unfair advertising; and represented PBS before the Eastern District of Virginia’s “rocket docket” in obtaining an injunction against a video marketer’s use of the phrase “public television presents.” And we have successfully represented clients in numerous comparative advertising proceedings before the National Advertising Division of the BBB, including a claim for false advertising against a manufacturer of wooden frame windows on behalf of a manufacturer of aluminum frame windows, and for unsubstantiated advertising against a software company. These and other matters cover the full range of advertising issues, and allow us to spot and solve problems quickly and effectively.
Representative Matters
- Advising distributors of prescription drugs and medical devices concerning compliance with Food, Drug, and Cosmetic Act, FTC Act and Lanham Act advertising standards.
- Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.
- Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
- Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
- Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.
- Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
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