Consumer Protection, Marketing and Advertising

Advertising and marketing practices to consumers are extensively regulated at both the federal and state levels. At the federal level, the Federal Trade Commission ("FTC") is the leading consumer protection agency, with jurisdiction over false, misleading, or unsubstantiated advertising, and marketing practices (including privacy) which are unfair or deceptive to consumers. Each of the 50 states also has extensive laws and regulations regulating unfair and deceptive practices, which frequently parallel these federal consumer protection statutes. Morgan Lewis has had extensive experience in dealing with both the FTC and state attorneys general, and regularly counsels clients to ensure compliance with these regulatory requirements, as well as defends clients in investigations and litigation alleging consumer protection violations.

Examples of representative matters we handle include:

• Private class actions alleging violations of state unfair and deceptive practice statutes
• Multi-state and individual attorneys general investigations and enforcement actions
• FTC investigations of false advertising and marketing claims
• Review of advertising to ensure it is adequately substantiated and not misleading
• Review of new product or service marketing plans to ensure they pose no consumer protection issues