False Advertising/Lanham Act Litigation

Debevoise lawyers have decades of experience in handling every part of the legal aspects of advertising campaigns. From designing substantiation studies to vetting advertising copy to defending ads before regulators to litigating false advertising disputes in court, and before the FTC, NAD and television networks, the Intellectual Property Litigation Group has deep familiarity with every stage of an advertising campaign and an advertising challenge.

The Group prides itself on its practical, business-oriented approach to advertising advice. It works with scientists in a wide variety of fields to substantiate clients' advertising claims and to expose the weaknesses in competitors' claims. It regularly works with the nation’s leading survey experts to design and implement surveys to establish consumers’ perceptions about advertising claims. It works closely with clients to develop hard hitting, but defensible, ads to help them win market share.

Debevoise lawyers are particularly adept at prosecuting and defending against requests for preliminary injunctions. These cases move at lightning speed, often involving expedited discovery of both fact and expert witnesses, requiring extraordinary focus and organization. Its lawyers also have extensive experience in handling matters before the National Advertising Division (“NAD”) of the Advertising Self-Regulatory Council.

Thanks to this experience, the Group has an enviable track record of success. It has won and defeated motions for preliminary injunctions, has efficiently resolved class action advertising cases, has defended against regulatory investigations in the advertising arena, and has prevailed in more than 100 matters at the NAD. It has done so in a broad array of industries, including automotive; beverages; consumer products; cosmetics; financial services; infant nutrition; luxury goods; online services; pharmaceuticals; publishing and media; snack foods; sports; and retailers.