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Norton Rose Fulbright
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We help domestic and international clients promote and protect some of the world’s top-selling consumer brands. Our advertising lawyers have counseled pharmaceutical, food, device, consumer product, biotechnology and other clients on advertising and labeling compliance, as well as brand protection strategies.

The team has brought and defended Lanham Act false advertising cases throughout the country. We regularly represent companies in consumer class actions alleging false advertising and unfair competition under California's Business & Professions Code §§17200 and 17500 and the California Consumer Legal Remedies Act.

In addition to disputes, our advertising lawyers have advised clients on advertising and marketing matters, including FTC investigations. We also represent our clients in challenges before the National Advertising Division (NAD) of the Better Business Bureau and the National Advertising Review Board (NARB).

Our recent work

  • Representing American medical food company that is a division of  the world’s leading nutrition, health and wellness company in a Lanham Act case against a “generic” competitor falsely advertising its products as equivalent to our client’s branded medical foods. While awaiting the jury’s verdict after a two-week trial in Miami, the case settled on favorable terms for our client.
  • Representing not-for-profit worldwide membership organization of trademark owners and legal advisors as amicus curiae in a seminal case which addressed the relationship between the Food Drug and Cosmetic Act and the Lanham Act.
  • Representing a manufacturer of over-the-counter homeopathic products in multiple state and federal court class action lawsuits brought under the CLRA, UCL and FAL, alleging that the client misrepresented the efficacy of its products, including one matter tried to a defense verdict.
  • Representing the world's leading manufacturer of microfluidic devices in a Lanham Act suit against a competitor that falsely claimed studies showed its gene analysis system was superior to our clients. After initial discovery, the case settled on favorable terms that required the defendant, among other things, to remove all references to the comparison study and to recall and destroy all materials related to the study.