Advertising & Marketing Regulation

Latham & Watkins’ lawyers in the United States, Europe and Asia regularly advise and defend clients on advertising and marketing regulation and monitor developments in this area of the law.

Advertising and marketing campaigns are crucial to the success of consumer product and service companies. Such campaigns can be national, and even international in scope. They are regulated by a multitude of government agencies at both the national and local levels. Enforcement agencies have broad authority to halt unlawful practices, and impose penalties on companies that sponsor these campaigns; in some cases, advertising agencies can be liable as well.

Latham Helps Regulate Unlawful Practices

Lawyers in Latham’s Advertising and Marketing Regulation Practice have the skills and experience to provide guidance on matters such as:

  • Consumer protection laws regarding financial practices
  • Laws governing sweepstakes and promotions
  • Limits to freedom of speech
  • Non-traditional marketing methods
  • Product safety claims and warranties
  • Substantiation of advertising claims
  • Trademark infringement in advertising
  • Use of coupons and rebates
  • US-based claims by competitors, as based on the Lanham Act
  • US Federal Trade Commission (FTC) and State Attorneys General investigations

They also counsel clients on claims before European courts and trade groups, including the French Cour de Cassation, the Office of Harmonization in the Internal Market, the Paris Court of First Instance and others.

Latham also has experience representing clients in investigations, litigation and consumer fraud class actions, and before US federal and state industry-specific regulatory agencies—e.g., the US Federal Communications Commission, US Food and Drug Administration—and their counterparts in Europe and Asia.

Advising on a Variety of Marketing and Advertising Areas

Latham's experience spans a broad range of subject matter areas, including:

  • Advertising regulation and substantiation
  • Affinity and reward programs
  • Ambush, guerrilla and viral marketing
  • Celebrity endorsements and product placements
  • Coupons and rebates
  • Financial services and payment product marketing and compliance
  • Government and private litigation, including class actions
  • Internet marketing, including behavioral targeting, "adware," SEO marketing and e-mail marketing
  • Labeling and mandatory product disclosures
  • Lanham Act claims
  • Marketing of diet, exercise and nutritional supplement products
  • Marketing of pharmaceuticals and medical devices
  • Marketing and charitable promotions
  • Marketing to children
  • Naming rights
  • Product safety regulation
  • State deceptive practices statutes
  • Sweepstakes, contests and promotions
  • Trademark Infringement
  • Telemarketing, e-mail and text messaging campaigns
  • US FTC and State Attorneys General consumer fraud enforcement
  • Warranty regulation
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