Advertising

Bringing dispute wins at NAD and the courts

As a highly particularized dispute-resolution venue, the advertising industry’s self-regulatory forum, the National Advertising Division, is best navigated by counsel with vast NAD experience. Finnegan offers just this, and as a result, we score successful outcomes when challenging and defending advertising before this forum.  

As a 2025 Benchmark Litigation “Recommended” firm for Dispute Resolution in Washington, DC., Finnegan is recognized for its outstanding capabilities in resolving disputes in litigation and beyond. Whether the goal is to unseat competitors’ campaigns or to defend our client’s advertising, our written and oral advocacy, along with our business focus, allows us to win cases. We begin every NAD representation by gauging what our client views as a “win” in any given matter. Working backwards from this desired outcome, we craft our messaging to make it easy for NAD to understand and adopt our position. 

Finnegan is equally experienced in handling false advertising claims under the Lanham Act—a federal law that prohibits false or misleading advertising. Having handled dozens of Lanham Act cases involving both trademark and false advertising claims, Finnegan comes to each litigation with years of insights and experience. We also handle state and federal consumer class actions involving advertising claims. 

Ensuring your advertising claims are substantiated 

Even before any disputes arise, we vet our clients’ advertising claims to ensure compliance with federal and state laws, regulations, and self-regulatory guidance. Our review approach is beyond a simple “yes” or “no” matter; rather, we identify and quantify risk and offer solutions for risk mitigation. Our vast experience in advertising law allows us to spot unanticipated issues. We review all types of advertising, ranging from monadic to comparative claims, health claims, pricing claims, environmental claims, “Made in USA” claims, technical product performance claims, claims involving endorsers, influencers, testimonials, and more. In addition to reviewing claims on their face, Finnegan also provides an in-depth review of the substantiation underlying any given claim. As a firm with an exceptional level of technical acumen, Finnegan is well suited to understanding technical testing on a deep level.  

Structuring your promotions, sweepstakes, and contests

Finnegan advises companies on the legal requirements of promotions, sweepstakes, and contests. We prepare official rules and promotion details that comply with local, state, and federal law and ensure compliance with social media platform rules.

Resolving your right-of-publicity issues

From vetting traditional advertising, social media, and press releases—to drafting relevant agreements and licenses—to working with experts to value and commercialize rights—to litigating and negotiating settlements if a dispute arises, we have been involved in all aspects of right-of-publicity issues. We have also been there when clients used, or wanted to use, social media or press coverage of celebrities and others using their products publicly. Like the process for vetting advertisements, we combine an understanding and appreciation of your business goals with the desire to mitigate risk.

Ensuring your social media presence is compliant 

We consider advertising and intellectual property issues as they relate to social media platforms. We are familiar with the user agreements of the currently popular platforms, and we keep an ear to the ground for emerging platforms. We are intimately familiar with viral marketing, including use of user-generated content and Federal Trade Commission (FTC) guidelines for endorsements, sponsored content, the use of influencers, and testimonials; native advertising; and rules and regulations promulgated by the International Olympic Committee and other sports governing bodies regarding the use of athletes, venue “flash” advertising, and related attempts at unauthorized association.

Vetting your product labels

We review product labels to confirm compliance with local, state, and federal regulations. We also advise on any claim substantiation concerns that arise from product labeling, in addition to issues relating to intellectual property (e.g., whether the product labels or packaging may infringe third-party copyright, trademark, or design patent rights.) Finnegan is versed in the FTC’s warranty requirements under the Magnuson-Moss Warranty Act and the related amendments of the E-Warranty Act of 2015. We assist clients with conforming their warranty programs, disclosures, and processes to comply with such requirements, as well as any regulatory or consumer actions related to those regulations.