Regulatory Investigation Attorneys in New York

Regulatory investigations are not only stressful, they take up valuable time that could be devoted to current and future projects. While it is always better to avoid the conditions that give rise to regulatory investigations, it's not always possible for an advertiser or marketer to foresee all the reasons that a regulator may raise a complaint.

At Olshan, we help advertising, marketing, and promotions clients in three ways:

1. We provide proactive advertising clearance and promotions legal review (this is especially important for clients on the cutting edge of Internet and direct marketing efforts, or those making health or environmental claims ).
2. We represent clients in regulatory investigations before federal agencies such as the FTC, USPS, FDA, and CSPC, and state agencies and attorneys general.
3. We defend clients in regulatory litigation.

When you need creative solutions to legal challenges, contact the Advertising, Marketing & Promotions Group at Olshan to speak directly to an experienced regulatory defense attorney. We represent clients in New York, New Jersey, throughout the United States, and in Canada.

Defense Against Charges of False Claims and Deceptive Practices

We work closely with clients to analyze their situations, to develop strategies that address existing problems, and to create policies that help ensure future compliance.

Whenever possible, we work to resolve government concerns outside of litigation, but if we are unable to do so, our firm has extensive experience defending against FTC, USPS, and FDA court actions and hearings on injunctions. Our skilled and experienced defense lawyers are ready to represent you in regulatory investigations involving:

• Allegations of false claims, unfair or deceptive practices, or violations of privacy laws and data practices laws and trade regulations before the Federal Trade Commission (FTC)
• Allegations of false advertising or violation of postal requirements before the United States Postal Service (USPS) Administrative Judicial System
• Allegations of false advertising relating to online content, testimonials and endorsements.
• Allegations of false advertising, failure to substantiate claims, labeling violations, misbranding or adulteration before the Food and Drug Administration (FDA)
• Allegations of false or deceptive marketing activities (including slamming and cramming allegations against telecommunications firms ) before the Federal Communications Commission (FCC), state public utility commissions or public service commissions
• Product recalls by the Consumer Product Safety Commission (CPSC)
• Allegations of unfair business practices and violations of local and state business regulations and privacy laws before state attorneys general and county district attorneys

Evolving Issues in Regulatory Investigations: Testimonials and Endorsements

In late 2009, the FTC revised its guidelines on the use of testimonials and endorsements in marketing, with a special emphasis on blogs and online product reviews. They began to enforce these guidelines in 2010 and we are seeing an increasing degree of regulatory investigation into the activities of bloggers who receive cash or in-kind payment for reviews.

The new FTC guideline requires a statement of disclosure if there is a material connection between the marketer of a product and a reviewer. If there is a connection, the representations of the product or service provided by the online reviewer must be consistent with representations the company makes for a typical user. (In other words, if a blogger or online reviewer says a product will do a certain thing, there must be reasonable support that indeed that is what the product will do.)

The new guidelines also affect TV and print advertisements in which a "consumer" describes his or her experience with a product. The advertiser is now required to disclose the results or experience that a typical consumer can expect to receive from the same product or service.

See our blog for more details about testimonials and endorsements and the article "Am I liable for a blogger’s review of my products? l" in Your ABA.

If you have received a civil investigative demand or subpoena to investigate your company's business or advertising practices, contact the regulatory defense attorneys at (212) 451-2258 or (212) 451-2306.