Advertising and Promotion: FDA Is Not the Only Cop on the Beat

August 19, 2010

In the July/August 2010 edition of FDLI Update, HP&M attorneys John R. Fleder and Cassandra A. Soltis authored an article, titled “Advertising and Promotion: FDA Is Not the Only Cop on the Beat.”  The article focuses on the various non-FDA groups that police alleged false or misleading claims in advertising and promotion: (1) the Federal Trade Commission (“FTC”), which has the statutory authority to commence court and administrative actions against companies and persons that the FTC believes have engaged in deceptive practices; (2) state Attorneys General, which regulate advertisements and promotional materials; (3) the National Advertising Division of the Better Business Bureau, which is not a governmental body and has no legal authority to order someone to cease particular advertising, but is nevertheless an important policing body; and (4) companies that use the Lanham Act to bring an action in federal court against a competitor which is alleged to have disseminated false or misleading advertisements.  “Collectively, these enforcement tools have resulted in many companies paying millions of dollars in monetary judgments,” say the authors.

Categories: Enforcement