Overview
Carlton Fields helps clients ensure that their advertising is accurate and defensible. We review advertising materials for claims substantiation and other risk and compliance issues, including under Federal Trade Commission (FTC) rules and guides. We work with a network of trusted local counsel worldwide to clear multinational ad campaigns. Our attorneys advise on a wide variety of advertising and marketing practices, including comparative advertising, AI-generated actors and ads, sustainability claims, "Made in USA" and country-of-origin claims, influencer marketing, consumer reviews, and product performance claims.
We regularly litigate false advertising disputes for plaintiffs and defendants in court, in arbitration, and before BBB National Programs' National Advertising Division (NAD). We work with experts to conduct consumer surveys and technical testing to attack or defend advertising claims. Our attorneys also represent clients in investigations by the FTC, state attorneys general, and other regulators.
Our clients benefit from our national class action team, which handles complex class actions throughout the country, at every level of state and federal court. We have defended hundreds of high-exposure class actions across substantive areas, including false advertising, unfair trade practices, and consumer protection claims relating to advertising and marketing under federal and state laws, including rare Lanham Act competitor class actions.
Experience
Counseling a global manufacturer on compliance with laws and regulations relating to comparative advertising, product performance, and sustainability claims.
Advising a consumer services company on substantiation review for national ad campaigns, including compliance with FTC regulations relating to pricing, "free," and sale claims and proper disclosure practices.
Representing a personal care products company in a Lanham Act false advertising lawsuit against a competitor in Florida federal court.
Defending a client in putative Lanham Act and consumer class actions and related regulator investigations.
Represented a consumer appliance company in a Lanham Act false advertising lawsuit in California federal court. Obtained a preliminary injunction for the client.
Represented a media company in a false advertising lawsuit in New York federal court. Obtained summary judgment on liability and a trial verdict on remedies for the client.
Represented challengers and advertisers in numerous NAD challenges.
Represented a real estate company in an FTC investigation relating to consumer review practices.
Defending clients in regulatory inquiries and investigations by federal and state government agencies related to digital advertising practices.
Represented food and beverage companies in defense of putative class actions under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), California consumer protection laws, and other laws.
Represented a national tool manufacturer in claims alleging violations of the FTC's Green Guides and California's recycling laws.
