Advertising Liability

What do product manufacturers, service providers, and salespeople have in common? They all, to one extent or another, have to advertise what they are selling.

Federal and state laws generally require that claims made in advertisements must be truthful, not deceptive or unfair, and evidence based. Certain products or services may also need to meet heightened requirements such as advertisements aimed at children; statements that utilize endorsements; make environmental claims such as “green” marketing, products; “Made in the U.S.A.”; or advertising that relates to health-related issues including food, over the county drugs, supplements, and other health related products.

Advertising material may also become an unintended “warranty” that a product or service will be of a certain quality or type or perform in a certain way.

While marketing teams may be excellent at crafting advertisements that spur consumer action, it is hard to keep up with the ever-expanding regulatory framework surrounding and companies sometimes, unwittingly, may be unable to keep up with all applicable laws or do not effectively limit statements that may be later determined to have created unintended warranties.

Frame Law’s advertising law practice including proactive reviews and audits of client advertising materials to mitigate potential advertising claim exposure. But when such claims arise, we are there to aggressively defend our clients against alleged advertising violations and warranty claims.

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