Deceptive Advertising

Particularly with the Supreme Court’s 2014 clarification of the federal deceptive advertising law’s ambit in Lexmark Int’l v. Static Control Components, well-counseled clients must consider the potential application of the federal deceptive advertising statute, 15 U.S.C. § 1125(a)(1)(B), and other deceptive advertising laws in connection with a wide variety of business disputes, including assertions of intellectual property rights infringement as well as disputes focusing on comparative advertising or other discrete advertising matters. We have counseled clients in connection with and/or litigated a wide variety of federal and state deceptive advertising matters, in such diverse industries as pharmaceuticals, transportation and logistics, semiconductor manufacturing capital equipment, recreational vehicle rentals, pesticide delivery systems, professional services, network marketing, consumer products, sporting goods, and personal fitness services. We also are well-versed in assisting clients with Federal Trade Commission (FTC) investigations and actions as well as state regulatory enforcement efforts.