For many Fuerst Ittleman clients looking for a big return on their investment, diverse marketing campaigns are where they place the most emphasis. Every marketing plan has many regulatory considerations including pricing, advertising, packaging and labeling, distribution and customer service. Entering the marketplace without a good understanding of misleading, untruthful or deceptive advertising can result in costly penalties and poor public relations that can cripple a brand overnight.
For years, Fuerst Ittleman has been competently counseling clients about the Federal Trade Commission Act (FTC Act) and Mini-FTC Acts aimed at protecting consumers. Clients have sought out the attorneys of Fuerst Ittleman for advice on FTC issues including:
- Crafting compliant marketing claims
- Structuring rules and regulations for sweepstakes or special promotions marketing
- Building a proper substantiation file to support advertising claims
- Collecting and using testimonials, especially for weight loss products
- How to handle complaint letters from the FTC, State Attorney General or the National Advertising Division
Fuerst Ittleman understands that advertisers like to be assertive and has assembled a team of attorneys who are skilled in advising clients on the comparative and competitive laws under the Lanham Act and the FTC Act. They are well versed in quasi-government groups and self-regulatory bodies such as the National Advertising Division (NAD) of the Better Business Bureau (BBB) and the Electronic Retailing Self-Regulatory Program (ERSP) of the Electronic Retailing Association (ERA).
The choice of media is yours. Fuerst Ittleman attorneys have reviewed a plethora of promotions, contests, giveaways and countless pages of print and web advertising, thousands of hours of television short form advertising, along with dozens of direct response long form infomercials and radio spots in addition to drafting numerous privacy policies, policies for web 2.0 websites and promotions such as policies governing user-generated content (UGC) and online communities as well as general terms of use.
- Contests and Sweepstakes
- Claims & Substantiation
- Disclosures and Disclaimers
- Testimonials and Endorsements
- Comparative Advertising
- Ecommerce & Gift Cards
- Rebates and Guarantees
- Pricing Issues
- Continuity Programs
- Bonus & "Free" Offers
- Deceptive/False Advertising Defense
- Privacy and Policies
Fuerst Ittleman is comprised of attorneys with a proven track record for advising food, drug, cosmetic and consumer products manufacturers, marketers and importers for many years. Past and present Fuerst Ittleman clients include US and foreign companies, cosmetics formulators, weight loss and exercise marketers, inventors, chefs and individuals with issues related to a wide variety of products such as food, dietary supplements, medical devices, technology, animal products, color cosmetics, exercise equipment and weight loss products and programs.
Fuerst Ittleman attorneys get to know their client’s businesses; they help to detect, classify and reduce risks, respond timely and effectively to investigations and have successfully and artfully litigated against regulators. From marketing brainstorm to advertising campaign launch, Fuerst Ittleman’s team of regulatory counsel partner with the client to help them meet their objectives without losing sight of their creativity and the bottom line.
For more information, please contact Fuerst Ittleman at contact@fuerstlaw.com
