Advertising

Kleinfeld, Kaplan & Becker advises clients on the development of advertising claims to ensure that claims are consistent with regulatory requirements, are truthful and not misleading, and are adequately substantiated.  Our firm has broad familiarity with regulatory requirements and the litigation landscape for FDA-regulated products, and so can provide a risk assessment for claims that covers regulatory, class-action, and products liability risks, as appropriate.  We also assist clients in ensuring that claims are adequately substantiated and, where necessary, work with experts to develop substantiation (including scientific research and consumer perception studies).  Our work covers all advertising venues, from traditional print and broadcast media to internet and social media.

Our firm frequently defends claims and brings challenges on behalf of our clients before advertising self-regulatory bodies such as the National Advertising Division (NAD) of BBB National Programs, Inc. (the former Council of Better Business Bureaus).  We engage with the Federal Trade Commission (FTC) and state and local attorneys general for various matters on behalf of our clients, including preparation and submission of trade complaints or responses to inquiries and Civil Investigative Demands (CIDs) from these regulators.

Our firm also represents clients before the FDA on prescription drug advertising and promotion issues and advises clients on requirements applicable to direct-to-consumer advertising, promotion to healthcare professionals, promotional labeling, and social media advertising.