Whether launching a new advertising campaign, initiating a social media blitz or publicizing a customer sweepstakes, almost every business needs to put the word out about their products and services. But there are many pitfalls the unwitting may encounter, some that could prove costly. Wendel Rosen has an active advertising and sweepstakes practice representing clients in a variety of fields including health and fitness, green media and advertising, technology, food and beverage manufacturing and distribution, retail and financial services.

Advertising Review

We review advertising and promotional campaigns from initial concept through dissemination throughout all media types including:

  • Internet
  • Social media and word of mouth marketing campaigns
  • Radio
  • Television
  • Print

Our review includes review of scripts, advertisements and copy for accuracy and compliance with state and federal advertising laws and regulations and Federal Trade Commission guidance to help avoid:

  • False or misleading claims
  • Greenwashing issues – including compliance with the Federal Trade Commission (FTC) Guide for Review for Use of Environmental Marketing Claims (the “Green Guides”)
  • Improper use of endorsements and testimonials ƒ__ including compliance with the FTC Guides Concerning the Use of Endorsements and Testimonials
  • Problems with pricing practices and advertising of “free” products
  • Inadequate substantiation of claims

Wendel Rosen’s review can include both individual advertisements as well as company-wide corporate promotional practices.

Sweepstakes and Promotions

We advise clients on federal and state laws related to sweepstakes and promotions and assist with:

  • Design of promotional practices and sweepstakes for legal compliance
  • Preparation of official rules
  • Review of sweepstakes and promotional advertising materials
  • Awarding of prizes and winner release forms
  • Litigation

Our attorneys have advised clients on and handled advertising disputes in state and federal court and before regulatory agencies including:

  • California Business & Professions Code Sections 17200 and 17500
  • False Advertising
  • Unfair Competition
  • State and Federal Do Not Call and other telemarketing and email practices (including CAN-SPAM)
  • Federal Trade Commission Act
  • Lanham Act

publications

FDA Recalls FDA Menu Regulations

FDA Recalls FDA Menu Regulations

05/17/2017 | Josh Cohen

FDA watchers may have experienced whiplash last week as the FDA did an about face and postponed restaurant nutritional disclosure regulations that were years in the making.  In 2014, under…

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11 Ways to Avoid Advertising Missteps

11 Ways to Avoid Advertising Missteps

08/29/2014 | JD Supra Business Advisor

[NOTE: This article was originally published on the IP Legal Forum Blog.]   Although advertisements are everywhere, many companies are not aware of the numerous state and federal laws and…

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News

Miyoko’s Kitchen Sued Over Vegan Butter Labels: “Products Bask in Dairy’s Halo”

Miyoko’s Kitchen Sued Over Vegan Butter Labels: “Products Bask in Dairy’s Halo”

11/02/2018 | Food Navigator

Food & Beverage Practice attorney Bill Acevedo commented in this article published by Food Navigator on November 2, 2018. The article explores a recent lawsuit filed in New York against…

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Firm Beefs Up Food and Beverage Group With Industry Expert Allan Zackler

Firm Beefs Up Food and Beverage Group With Industry Expert Allan Zackler

06/27/2016

OAKLAND, Calif., June 27, 2016 – Wendel, Rosen, Black & Dean LLP, the largest law firm in the East Bay representing businesses throughout the region, welcomes richly experienced Food &…

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Related Areas

Business