Regulatory Litigation

At The Lustigman Firm our law practice is evenly divided between proactive assistance helping clients avoid legal challenges (with advertising review and clearance and legal advice on marketing, promotions and sweepstakes) and defense work with a government regulatory body or a competitor in an advertising dispute.

Our advertising lawyers are experienced litigators, aggressively defending our clients' interests in regulatory investigations with government agencies, in competitor challenges in the self-regulatory process, and in state and federal court.

We represent a wide range of advertising, marketing and promotions clients (including industry suppliers) in New York and New Jersey. We work through a robust network of knowledgeable and experienced local counsel to assist in cases throughout the United States and Canada.

When your business needs a strong, experienced defense in the face of a legal challenge, contact The Lustigman Firm to speak directly with an experienced defense attorney.

Experience Where It Counts

Advertising is one of the fastest changing industries around. The brightest minds in marketing are often years ahead of state and federal regulators incorporating new technological developments to deliver their message. Working out how current laws apply to advertising trends often gets decided in regulatory litigation (or other types of advertising litigation).

Because of our involvement with advertisers at every step of the campaign process, and our representation of clients under investigation by regulatory bodies, we have keen insight into the issues currently the focus of regulatory. Current critical issues include environmental claims and greenwashing, health claims, negative option, privacy and data practices.

Regulatory Litigation

Our firm has handled a number of significant cases in regulatory litigation for a wide variety of clients:

• The largest mail order health and dietary supplement company
• Telemarketing companies
• Direct marketing suppliers, including payment processors
• Firms conducting credit marketing programs

We have been involved in litigation with the FTC, USPS, FDA, and state attorneys general for issues involving:

• False claims, false advertising, and deceptive marketing activities
• Failure to substantiate claims
• Deceptive business practices
• Violations of privacy and data practices laws
• Labeling violations or misbranding
• Adulteration and product recalls
• Violation of postal requirements
• Violations of local and state business regulations

If you have received a subpoena or civil investigative demand from a government entity, contact the regulatory defense attorneys at (888) 766-2506 of The Lustigman Firm. Whenever possible we work to resolve government concern before litigation, but if we are unable to do so, our firm is fully equipped to take your case through trial.

To learn more about claims substantiation

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Marketing Law Basics