FTC Regulation


Wiley Rein has long represented companies, advertising agencies, and others involved in advertising before the Federal Trade Commission (FTC) in significant advertising matters.

Wiley Rein attorneys are actively engaged in FTC rule-makings, policy, and enforcement proceedings affecting advertising.  For example, we have actively represented client interests in FTC actions regarding online behavioral targeting and consumer data privacy, in which the FTC is shaping enforcement policy for the years to come.  Similarly, the FTC “Green Guides” on environmental marketing and advertising claims have had significant influence on environmental advertising claims and on other agencies and bodies responsible for determining whether such claims are misleading.  The FTC also has issued guidelines for food nutrition claims and is revising its guidelines associated with advertising endorsements and testimonials.  Wiley Rein has actively participated in FTC rule-makings affecting consumer marketing and advertising, including proceedings to implement the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Telemarketing Sales Rule (including Do Not Call), and others.  

Representative experience includes:

  • Filing extensive comments on FTC initiatives regarding behavioral advertising and consumer data privacy.
  • Obtaining ruling that bona fide newsletters are not subject to CAN-SPAM requirements.
  • Representing clients before the FTC in significant advertising cases, including major suppliers of food and other consumer products, pharmaceuticals, and electronic equipment. 
  • Convincing the FTC to administratively close investigations into clients’ consumer product advertising.
  • Bringing advertising complaints to the FTC on behalf of clients adversely affected by a competitor’s advertising claims.

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Scott D. Delacourt
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