Advertising, Marketing & Promotions Law

Under the Lanham Act, businesses can initiate lawsuits for false designation of origin and false advertising. This is often used to stop a competitor from making misleading comparative claims or unjustly disparaging a rival's product. These actions are critical for brand protection, as they allow a company to seek monetary damages and injunctive relief to halt deceptive practices that could erode its market share and reputation.

The Federal Trade Commission investigates and enforces violations of deceptive advertising under Section 5. SJKP LLP represents clients during FTC investigations, helping them navigate Civil Investigative Demands (CIDs) and enforcement negotiations. We assist in preparing thorough responses to information requests and structuring consent decrees that minimize business disruption and financial penalties.

In today’s data-driven marketing, understanding and complying with laws such as the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) is crucial. We assist clients in structuring ad campaigns that respect data minimization, consent requirements, and opt-out mechanisms. Our guidance helps companies develop responsible data handling practices that not only meet legal requirements but also build consumer trust.

We review promotional copy, social media posts, influencer agreements, and disclaimers to ensure FTC-compliant language and prevent class action risks. Our detailed review process scrutinizes every element of a campaign's messaging, from headlines and taglines to fine print and user-generated content, to identify and rectify potential legal pitfalls before launch.

In some cases, we recommend voluntarily modifying advertising to reduce regulatory exposure and preserve goodwill — a strategy that aligns with NAD’s goal of truthful advertising. This approach can demonstrate a company's good faith and willingness to cooperate, often leading to a more favorable outcome than a prolonged, adversarial defense. We help clients evaluate the merits of a challenge and formulate a response that best serves their long-term business interests.

In some cases, we recommend voluntarily modifying advertising to reduce regulatory exposure and preserve goodwill — a strategy that aligns with NAD’s goal of truthful advertising. This approach can demonstrate a company's good faith and willingness to cooperate, often leading to a more favorable outcome than a prolonged, adversarial defense. We help clients evaluate the merits of a challenge and formulate a response that best serves their long-term business interests.

We structure influencer contracts to clarify disclosure obligations, usage rights, FTC compliance, and intellectual property ownership. This is crucial for protecting brands from liability arising from an influencer's non-compliance or misuse of content. A well-drafted agreement provides a clear framework for the partnership, mitigating risks and establishing a strong, professional relationship.

Emerging technologies like generative AI create new risks in automated content creation. We help businesses ensure that AI-generated promotional materials comply with truth-in-advertising laws and avoid biases or discriminatory language. Our guidance also addresses the legal gray areas of AI-generated content, such as potential copyright infringement and the need for clear disclaimers about the use of AI.