Emord & Associates represents clients on issues pertaining to Federal Trade Commission regulation of deceptive advertising and deceptive advertising practices including those undergoing investigation by the FTC. The law firm advises and represents clients, including companies and individuals, on FTC regulatory compliance and defense issues, including:
- Advertising substantiation
- Weight loss advertising claims
- Energy claims
- Consumer testimonials
- Health and wellness advertising claims
- Performance claims
- Multilevel marketing (MLM)
- Infomercial and television advertising
- Internet and web advertising
- The Federal Trade Commission Act
- False and deceptive advertising practices
- The Business Opportunity Rule
- FDA Third Party Literature Doctrine
- The CAN-SPAM Act
- Civil Investigative Demands (CID)
- Lanham Act litigation
The attorneys of Emord & Associates have successfully negotiated settlements with the FTC and defended FTC administrative enforcement actions. The law firm’s advertising lawyers frequently represent clients before the states attorney general, in response to queries from federal regulators on product safety and in recalls of products, and before the National Advertising Division (NAD) of the Council of Better Business Bureaus.
They also file comments before the federal agencies, often in an effort to prevent overregulation that stifles competition or violates individual rights.
Emord & Associates’ advertising lawyers have represented marketing companies in a variety of medium, including Internet, television, radio, and press. The law firm represents publishers and authors in matters that implicate First Amendment rights. The firms’ advertising attorneys regularly review scientific substantiation for product claims. Emord & Associates maintains a broad network of experts qualified to assess advertising claims.
The FTC begins most enforcement actions with Civil Investigative Demands (CIDs) demanding proof in support of all advertisements. Companies marketing goods in interstate commerce should be equipped to handle interference from federal agencies
Emord & Associates’ advertising lawyers regularly examine support for advertising claims and review advertising content. The law firm has experience reviewing clinical trials and protocol. The firm manages and oversees the performance of test data in support of advertising claims.
From the concept stage through marketing, Emord & Associates has the experience necessary to best protect against adverse administrative enforcement.
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