Competitor Challenges in Advertising

The Lustigman Firm focuses its legal practice in the areas of advertising law. Our experienced advertising lawyers are prepared to defend clients’ interests in regulatory investigations and litigation, in the courtroom for advertising and general business litigation, and with competitor challenges in the self-regulatory process.

The Lustigman Firm represents the advertising and promotional firms and the businesses that employ them in New York, New Jersey, throughout the United States, and in Canada.

When you’re involved in a competitor dispute over marketing practices, contact The Lustigman Firm to talk directly to an experienced advertising lawyer.

The Self-Regulatory Process

In order to minimize government involvement in advertising and to maintain consumer trust in advertising and advertisers, the National Advertising Review Council (NARC) was established as a regulatory body. Operated by the Council of Better Business Bureaus, the NARC has developed policies for:

• the National Advertising Division (NAD)—ensuring truthfulness, accuracy and fostering confidence in the credibility of advertising
   
• the Children’s Advertising Review Unit (CARU)—ensuring messages directed at children are truthful and sensitive to young audiences
   
• the National Advertising Review Board (NARB)—the appeals division of the nation’s self-regulatory boards where advertisers who disagree with decisions of the NAD and CARU can go for redress
   
• the Electronic Retailing Self-Regulatory Program (ERSP)—to enhance consumer confidence in electronic retailing

The NAD’s alternative dispute resolution forum works with marketing execs, R&D departments, and legal counsel to decide whether advertising claims have been or can be substantiated. The NAD covers national advertising in broadcast, print, or on the Web.

The Lustigman Firm represents client companies bringing challenges against their business competitors or defending themselves against challenges from competitors for false and deceptive advertising relating to:

1. Specific product performance claims
2. Superiority claims over competitor products
3. Scientific and technical claims

We Know How To Handle Competitor Challenges

"Clients draw attention to the group's fantastic track record in defending ... false advertising challenges from competing businesses." Chambers USA 2008.

Firm member Andrew B. Lustigman has handled numerous cases before the NAD from start to finish. He has represented companies that have had their advertising challenged as well as companies who bring challenges.

Contact the advertising attorneys of The Lustigman Firm.