Advertising

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