The Foley Hoag Advertising and Marketing Law Blog: A Mission Statement of Sorts


We were delighted last month when Foley Hoag LLP named us as the new co-chairs of the firm’s Advertising and Marketing Law group.  This month, as our first official act, we are pleased to announce the launch of the Advertising and Marketing Law Blog.

Advertising and marketing regulation and litigation can be a complicated game.  Really complicated.  Depending on the products or services they promote, advertising, marketing campaigns or labeling may receive scrutiny from any number of entities with the power to block an ad and/or sue the advertiser for damages.  To name just a few:

  • competitors
  • consumers and class action plaintiffs
  • the Federal Trade Commission (FTC)
  • the Food and Drug Administration (FDA)
  • the Securities and Exchange Commission (SEC)
  • the National Advertising Division of the Better Business Bureau (NAD)
  • State Attorneys General
  • international or local regulators, and
  • television networks

But the complication doesn’t end there.  Aside from the myriad potential adversaries—each ready to pounce— there is the law itself.  The legal authority granted to federal and state regulators is very broad and not incredibly clear.  The FTC and NAD have developed a body of law and precedent, but federal judges don’t always agree with the FTC and NAD.  And private litigants face different legal burdens and hurdles than government and self-regulatory actors.

Add to that confusion the increasing connection to data security and privacy issues and the race to keep up with technological advances, and it gets more complex still.

That’s where we come in.  Those who read the firm’s award-winning Trademark and Copyright Law Blog know that we have already been posting on advertising issues for many years.  Lately, we have decided that this complicated game of advertising law deserves its own blog. So that’s what we’re doing.

Today, we go live with what we hope will be a handy and insightful resource for those who confront the complex legal issues arising in the world of advertising law.  We aim to provide relevant content for the many key stakeholders in the industry, whether companies, brands, agencies, general counsel, outside counsel, and others who, like ourselves, are fascinated by this area of law.

Our goal is threefold: (1) to keep readers abreast of the latest trends in advertising regulation and litigation; (2) to provide informative, concise content addressing core issues and topics; and (3) to keep it entertaining.

We know there are other blogs and news services that compete to tell you the most quickly about the latest decisions. We don’t necessarily want to be the very first thing you’ll read about every new development in advertising and marketing law. We want to be the most thoughtful, the most contextualized, and the most enjoyable thing you’ll read about them. But we promise we’ll be timely, too.

We have started off the new blog with some of our most popular publications from the firm’s Trademark and Copyright blog and elsewhere.  Going forward, we will post regularly at this site and on Twitter.  Please subscribe to the blog and give us a follow (@foleyhoag, @dkluft and @august_horvath) for regular updates.

That concludes our introductory remarks.  We hope you enjoy the blog!

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