Advertising

Overview


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 including blogs, texts, Facebook and Twitter
  • 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 – 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


Experience
  • Represent numerous companies that manufacture regulated products for sale to consumers regarding advertising and regulatory compliance with California and federal law.

  • For national retail company, conduct compliance review for all print, web, radio, TV and other advertising and marketing materials. Monitor corporate marketing practices for compliance with pricing, substantiation and advertising requirements.

  • Assist companies with design and implementation of sweepstakes and promotional activities.

  • Represented third party certifier in civil inquiry, request for production of documents and investigation by Federal Trade Commission concerning certification under the FTC’s Green Guides. Obtained dismissal of matter whereby FTC terminated inquiry and issued closing letter to client without requiring any remedial actions or mitigation measures from client.

  • Represented frame retailer in investigation and complaint by Marin County District Attorneys’ Office regarding pricing substantiation. Matter settled favorably for client.

  • Advised “big data” technology company on sweepstakes rules.

  • Assist multiple retail and manufacturing companies with design and implementation of sweepstakes and promotional activities.

  • Advised a leading computer game publisher on worldwide sweepstakes promotion in connection with the FIFA World Cup.*

 

* Worked performed by attorney while at prior firm.

Attorneys
  • Myers, Daniel B.
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  • Pak, Eugene M.
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  • Tang, Jennifer P.
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  • Zackler, Allan I.
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Resources