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The firm’s active Advertising and Consumer Law practice advises consumer-facing companies in a broad range of industries from engineering and manufacturing products and services to web-based businesses. We advise clients and successfully navigate government investigations on advertising, marketing and consumer product safety issues, including matters before the Federal Trade Commission, Food & Drug Administration and Consumer Products Safety Commission.
Our expert team includes attorneys with significant government experience, including a former Deputy General Counsel of the Federal Trade Commission, and a Judge from the U.S. Court of Claims. In addition, clients in this area benefit from our close coordination with experts throughout the firm in trademark and intellectual property, food and drug law, branding issues, the FCC, and privacy and data security. As needed we also coordinate with our Public Policy and Government Affairs team for their expertise with legislators and regulators, as well as litigators with significant trial experience.
Co-lead counsel for POM Wonderful in landmark advertising litigation with FTC concerning health claims for food products.
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
In recent years, negotiated consent agreements with FTC on behalf of weight-loss program, genetic testing, and dietary supplement company.
Successful resolution of numerous other FTC advertising practices and marketing investigations.
Advising distributors of prescription drugs and medical devices concerning compliance with the 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.
Represented a large social-media platform in connection with the development and implementation of new online advertising products.
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
Providing general privacy advice in connection with AOL’s advertising businesses.
Advised operators of child-directed websites and services on strategies for communicating their child-directed nature to third-party advertising partners in connection with the revised COPPA Rule.
Assisted the operator of a child-directed website in responding to an inquiry by the Children’s Advertising Review Unit (CARU) regarding its online behavioral advertising practices.
Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
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.
Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising. Mmatter was resolved without any formal enforcement action.
Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
Counseled leading health care information, product and disease-oriented websites on advertising and sponsorship arrangements.
Represented GlaxoSmithKline (GSK) in resolving a complex criminal and civil investigation by the United States Department of Justice. The multi-faceted investigation had a broad focus, including issues relating to GSK’s sales and marketing practices for numerous products, its regulatory submissions relating to Avandia, and the company’s use of the nominal price exception under the Medicaid Rebate Program.
Represented GlaxoSmithKline in successfully resolving one of the largest criminal and civil investigations involving pharmaceutical industry marketing practices.
Counseled leading human and animal food and pharmaceutical manufacturers on all facets of food and drug labeling, marketing and advertising requirements.
Representation of clients on connection with inquiries concerning manufacturers’ suggested retail pricing.
Led the leading litigations challenging the FCC’s rules on telemarketing and fax advertising.
Comprehensive review of internet and social media promotion for a leading multinational medical device company.
Advised Internet-site operators on commercial strategies, including with respect to CPM-based revenue sharing arrangements.
Represented JPMorgan Chase in numerous consumer class actions and attorney general representative actions on various practices relating to credit cards.
Developed technical substantiation to support product claims made in labeling, promotions and advertising, and in the defense of substantiation in the litigation context.
Advised on advertising policies, including with respect to privacy laws, including the Children’s Online Privacy Protection Act, and developed advertising policies.
Drafted and negotiated commercial arrangements for online advertising revenue-sharing arrangements, sponsored-search and graphical advertising involving the leading Internet portals and Internet content providers.
Provided copyright advice on advertising issues, including with respect to copyright risk-assessment and worked with clients to develop copyright compliance strategies.
Advised major content providers, including sports leagues and television programmers and operators, on broadcasting, online and digital media advertising trends.
Counseled major consumer products manufacturers and sellers on commercial and regulatory advertising issues.
Representation of a coalition of 600 companies and trade associations advocating the FCC to amend its rules to enable business to use faxes to contact their customers. When Congress adopted a law allowing those faxes, we represented the coalition before Congress on implementing this law.
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act and Unfair Competition Law arising out of alleged false and misleading statements on labels and marketing materials.
Advised on the full-range of political advertising issues, with clients ranging from candidates to political parties, to broadcast stations.
Represented Eli Lilly in a consumer fraud class action alleging that the labelling for one of its prescription medicines was inadequate and misleading.
Assist medical device manufacturer with drafting of standard operating procedures (SOPs) and guidelines for the creation, review, and use of promotional materials.
Represented media companies in class actions alleging improper collection and/or disclosure of user information.
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Advised on privacy, libel and related liability issues relating to user-generated content.
Representation of Purdue Pharma in class action litigation in multiple states alleging violations of consumer protection laws in the marketing of OxyContin.
Negotiated advertising transitions involving paid-programming (or “infomercials”).
Advised on the advertising of “functional foods” -- foods and dietary supplements with particular health benefits and organic foods.
Negotiated advertising-based content licensing arrangements, including in print, broadcast, and online media, and those associated with mobile-telephone content.
Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of recall of children’s medicines.
Represented a third party in responding to an inquiry by the Online Interest-Based Advertising Accountability Program regarding compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
Representation of TDS Telecom on a range of wireline issues before the FCC, including universal service, ETC regulation, intercarrier compensation and CALEA. We represent the world’s largest independent directory assistance providers on a range of issues before the FCC, including retail competition.
Helped structure and advise on multi-faceted sponsorship arrangements between pharmaceutical manufacturers and sports leagues.
Provided advice on sweepstakes and other commercial promotions.
April 5, 2016, Practicing Law Institute
November 17, 2015, Covington Alert
November 6, 2013, Covington E-Alert
March 19, 2013, Covington E-Alert
January 9, 2013, Covington E-Alert
December 14, 2010, Covington E-Alert
January 6, 2009, Covington Advisory
February 28, 2001, Covington Alert
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