Advertising-related issues such as allegations of false or unsubstantiated product efficacy claims or unfair or deceptive marketing practices pose significant reputational risks that can quickly threaten a company’s bottom line. Shook, Hardy & Bacon attorneys are experienced in handling Federal Trade Commission (FTC) investigations and administrative litigation. Shook’s work with FTC has been heavily weighted toward the defense of U.S. and multinational companies operating under Food and Drug Administration oversight, making our lawyers adept at negotiating the jurisdictional margins at which these “shared” matters arise.
For example, our cross-functional team has assisted startups developing medical mobile applications as well as mature companies advancing cutting-edge innovations in health technology by performing regulatory due diligence, drafting opinion letters and preparing clients for agency interaction. We counsel on branded and unbranded communications—from traditional TV and print advertisements to those on the Internet and in social media, including multi-channel platforms such as YouTube, corporate blogs, and company and product websites—and regularly advise on advertising and promotion trends.