Advertising and Marketing Issues


Sound Legal Advice About Labeling, Marketing and Advertising

With extensive experience advising clients in the food and nutritional supplements industry, the attorneys of Ullman, Shapiro & Ullman provide prompt and dependable service on a full range of marketing and advertising issues.

Manufacturers, distributors, marketers and Internet advertisers must understand a wide range of regulatory compliance obligations that fall under three broad headings — (1) ensuring that labels accurately and completely describe product ingredients; (2) ensuring that product claims are truthful, adequately substantiated and not misleading, regardless of the means by which the claims are transmitted (e.g., labels, inserts, retail displays, advertisements, Web sites or infomercials); and (3) ensuring that brand names, logos and other materials do not infringe on valid trademarks or copyrights.

Our lawyers work with clients ranging from startups to multinational corporations on the details of each set of compliance obligations. Our ability to integrate effective legal advice with the expert technical support of private consultants can make a significant difference to your company’s ability to avoid, contain and manage liability on labeling, advertising and marketing issues.

While the Food and Drug Administration (FDA) has primary regulatory jurisdiction over the labels, labeling, safety and purity of any given food product or dietary supplement, the Federal Trade Commission (FTC) enforces advertising and marketing regulations. Our law firm’s extensive experience with the interpretation and application of these rules in the food and supplements industry can help you steer clear of regulatory and litigation risk as to both FDA and FTC violations.

Our practical experience with agency investigations and enforcement proceedings also informs our advice about the best ways to avoid them. We can also help you reduce the risk of litigation initiated by competitors claiming that your product is marketed with misleading or untruthful claims. Arbitration before the Better Business Bureau’s National Advertising Division (NAD) is another option for the private resolution of product claim disputes.


Nationwide Client Service on Advertising and Marketing Issues

Based in New York, Ullman, Shapiro & Ullman is focused on the needs of manufacturers, importers, distributors and marketers of dietary and nutritional products. We advise clients no matter where they are located in the United States or around the world.

Whether your company needs advice about the best ways to document your compliance with adequate substantiation requirements or defend in an FTC enforcement proceeding, our attorneys can provide skilled and efficient service that reflects our experience and focus. Contact Ullman, Shapiro & Ullman in New York for additional information.