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We advise and counsel our clients on the full range of advertising and marketing issues, including:

  • Developing and defending product performance and consumer preference claims.
  • Substantiating environmental, health, and safety claims about products and their manufacturing processes.
  • Creating compliant promotional activities involving sweepstakes, gift cards and other loyalty programs, and native advertising.
  • Managing risk in the use of social media and new technologies.
  • Protecting security and privacy in the collection, use, and disclosure of consumer data in advertising and sales transactions.
  • Negotiating and drafting marketing, sponsorship, endorsement, and promotion agreements.
  • Addressing copyright, trademark, licensing, and right of publicity concerns.
  • Responding to false and misleading competitor advertising and marketing practices.

In the last decade, our lawyers have handled some of the most significant competitor advertising disputes in federal court under the Lanham Act and before the National Advertising Division (NAD). We also have defended claims of fraud and deception in the marketing and advertising of products and services, including false advertising and unfair competition cases brought by the FTC or the state attorneys general, and consumer class action litigation. We have deep experience in designing claims substantiation research, helping to bullet-proof your companies’ valuable claims against competitor challenge. We have particular depth in consumer survey and preference research, and regularly work with the nation’s best third-party experts on such issues.

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Recalls in Review: Children’s Sleepwear (August 31, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.
Product Recall Notification Legislation Reintroduced in Congress (July 16, 2021). Authors: Cheryl A. Falvey, Matthew Cohen and Jessica D. Gilbert.
Breaking: Hoehn-Saric and Boyle Nominated to CPSC; Democratic Majority in Sight (July 6, 2021). Author: Matthew Cohen.
Recalls in Review: Pacifier and Accessory Recalls (June 30, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.
CPSC Publishes Report on Artificial Intelligence and Machine Learning (June 3, 2021). Authors: Cheryl A. Falvey, Monty Cooper and Jessica D. Gilbert.
Recalls in Review: Mattress Recalls (May 28, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.
Recalls in Review: Lead-Related Recalls (April 30, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.
"New Bills Seek to Repeal Controversial Provision of Product Safety Act," Administrative Law Alert (April 28, 2021). Contacts: Cheryl A. Falvey, Matthew Cohen, Jessica D. Gilbert
Client Alert/Newsletter
"The Consumer Product Safety Commission—An Agency in Transition," Crowell & Moring Webinar (March 30, 2021). Presenters: Cheryl A. Falvey and Matthew Cohen.
Recalls in Review: Exercise Equipment (March 30, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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