Advertising campaigns often are critical to a company's successful launch of a new line of products or services. Particularly in tough economic times, advertisers of established products often are found stretching the envelope as they attempt to increase sales by crafting claims to highlight attractive attributes of the product or service. Many of these ads include comparative claims explaining why their product is better than competitors' products. Competitors often will challenge such claims that they feel are not accurate or cannot be substantiated, as evidenced by the sky-rocketing number of challenges in recent years.
As advertisers well know, before they make advertising claims, they must have, in hand, adequate substantiation. Advertisers planning new ads that require substantiation by way of consumer perception testing or product performance testing would be well-served to have experienced advertising counsel conduct a preliminary review of the campaign and advise the company on the form of substantiation that is needed to support new or modified advertising claims. Wiley Rein's advertising compliance review program offers advertisers a low-cost, preliminary assessment of advertising claims with a fast turnaround.
As part of our review of proposed advertisements, we will suggest minor language modifications, as necessary, designed to convey the same promotional message while lessening the likelihood of a successful legal challenge. Wiley Rein's cost-effective and quick professional appraisal is designed to provide clients with an independent view of whether the claims are being substantiated in compliance with current advertising laws.
Program Value
Companies that take advantage of Wiley Rein's proactive advertising compliance review can preserve time-to-market commitments, attain a level of comfort prior to the dissemination of the ad, and potentially save thousands of dollars in advertising, administrative and legal fees.
Wiley Rein's Advertising Practice
Wiley Rein's Advertising Practice Group includes more than a dozen experienced professionals. The group, led by industry veteran Hugh Latimer, has many years of experience achieving successful results for clients before the National Advertising Division of the Council of Better Business Bureaus (NAD), the Federal Trade Commission (FTC), and in federal and state courts. The firm's successful results in these forums are detailed on our website at www.wileyrein.com/advertising.
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Wiley Rein's advertising compliance review service is a valuable, low-cost means of ensuring that your company continues to comply with advertising laws. We would be pleased to discuss this service and our attractive flat rate pricing at your convenience. For more information, please contact Hugh Latimer at 202.719.4989 and hlatimer@wileyrein.com or your customary Wiley Rein attorney. View brochure for more information.
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