Capabilities / Advertising & Marketing
Our team advises on all facets of marketing and advertising campaigns.
Husch Blackwell counsels businesses and advertising agencies across all phases of marketing and advertising campaign development and deployment. We guide advertisers and agencies on strategies for promoting products and services that minimize the risks that accompany online and print advertising, food labels, product claims, coupons, sweepstakes, endorsements, and sponsorships.
Our team of marketing compliance attorneys strives to help clients quickly and efficiently comply with all applicable laws, state and federal regulatory regimes, and rights of publicity. We advise clients on general advertising terms and usage and on regulatory compliance and enforcement across numerous federal and state government agencies, including the Federal Trade Commission (FTC), Food and Drug Administration (FDA), and National Organic Program. Our group also works closely with our firm’s State Attorneys General practice team to coordinate compliance and dispute resolution efforts with state AG offices across the country. Additionally, our team assists clients with consumer advocacy and industry self-regulatory groups such as the National Advertising Division (NAD) of the Better Business Bureau, the Children’s Advertising Review Unit, and the Distilled Spirits Council’s Advertising Code Board.
Specifically, members of our team have developed deep experience advising clients on the following advertising and marketing-related challenges.
Lanham Act/False Advertising Litigation
Our team tackles false advertising claims across numerous product classes, mobilizing quickly and gaining a quick understanding of the relevant facts in order to scope and structure litigation strategy. Working when needed with our Class Action Defense team, our advertising litigators, we have successfully handled matters involving pharmaceuticals, consumer products, sporting goods, human and pet foods, alcohol and beverages, computer software and applications, agricultural equipment, and medical devices, among other areas.
Advertising Review and Substantiation
Our team advises on a wide variety of premarket advertising issues and works across clients’ legal and marketing departments to meet their advertising goals. In addition to reviewing advertising materials for legal risks, our subject matter experts assist clients in evaluating the information needed to substantiate claims, especially those that require the development of competent and reliable scientific evidence or the consumer surveys.
Contests & Sweepstakes
Our team advises clients on the structure, operation, and consideration of promotional contests and sweepstakes. We work with clients to draft official rules and disclosures and to advise on registering the contest or sweepstakes with all relevant authorities.
Raffles
Our team works closely with the firm’s Nonprofit Organizations & Religious Institutions group to advise clients on the laws and regulations concerning raffles. Our team counsels nonprofits through these challenges to establish legally compliant raffles.
Reward and Loyalty Programs
We counsel clients on the numerous legal challenges associated with reward and loyalty programs, including state and federal consumer protection laws, unfair and deceptive trade practices regulations, data privacy and security, and regulations relating to money transfer and transmission.
ESG and Sustainability
As consumer and investor awareness of environmental, social, and governance (ESG) issues continues to grow, our team has developed a focus on advising clients regarding the use ESG concepts in marketing and advertising copy and product labels. Our team offers practical solutions to mitigate risk and to avoid potential reputational harm from making unwarranted or false claims and so-called greenwashing claims.