• Jeffrey S. Edelstein

    Partner
    Advertising, Marketing and Media
    jedelstein@manatt.com
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    New York
    Direct: 212.790.4533
    General: 212.790.4500
    Fax: 212.790.4545

    Education

    Harvard Law School, J.D., 1973.

     

    University of California at Berkeley, A.B., 1970.
    Phi Beta Kappa.

    Bar Admissions

    New York

    Washington, D.C.

    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Mr. Edelstein is one of the leading advertising, marketing and media lawyers in the United States. He represents clients in all areas of advertising, marketing and media law. Mr. Edelstein has developed a well-earned reputation for the numerous successes he has achieved on behalf of leading companies involved in false advertising challenges before the National Advertising Division (NAD) and the National Advertising Review Board (NARB) of the Council of Better Business Bureaus, the primary self-regulatory bodies of the advertising industry; the television networks; and the courts. His practice also includes reviewing advertising for legal acceptability on behalf of many advertising agencies and advertisers; obtaining network and other media clearance; handling matters before the Federal Trade Commission; representing clients in false advertising cases; advising clients on trademark, copyright, right of publicity and other intellectual property matters; and negotiating and drafting advertising and entertainment contracts, including talent, sponsorship, and social media contracts. Prior to joining Manatt, Mr. Edelstein was a partner at the New York law firm Hall Dickler Kent Goldstein & Wood, LLP.

    Upon graduation from law school, Mr. Edelstein joined the Federal Trade Commission and served in the General Counsel's Office. He later became Attorney-Advisor to FTC Commissioner Elizabeth Hanford Dole. He then became Director of Broadcast Standards and Practices of the American Broadcasting Company, where he supervised commercial clearance for television and radio broadcast and false advertising challenges.

    Representative Matters

    Mr. Edelstein's accomplishments include:

    • Counsel to Energizer Holdings in a challenge with the NAD to Procter & Gamble's claim that Duracell Rechargeable Batteries are "50% longer lasting" on product packaging. Procter & Gamble agreed to modify or discontinue the claim.
    • Counsel to Profile Products, a leading producer of soil erosion products, in a challenge with the NAD to a large number of advertising claims made by Terra Novo for EarthGuard, a competing erosion control product. Profile asserted that Terra Novo had made a variety of false and misleading claims that EarthGuard outperforms or is as effective as Profile's Flexterra. The NAD found that most of the claims were unsubstantiated.
    • On behalf of Dow Chemical, successfully resolved a compliance challenge filed by the EPS Industry Alliance at the NAD. The Alliance challenged promotional claims made by Dow for its Styrofoam brand insulation. The challenge stemmed from a previous decision where the NAD determined that Dow had substantiated claims that Styrofoam provides better moisture resistance and long-term thermal insulation than a competing type of building insulation. The Alliance contended that Dow had overstated its claims, but the NAD found that they were substantiated.
    • Representation of Schick in a challenge by Gillette to advertising for the Schick Intuition Plus razor, with the NAD. The NAD found that Schick substantiated its claims that the Intuition Plus provides a moisturizing benefit during shaving and is "the only razor that lathers and moisturizes" during shaving. The NAD also found that the claim that the razor "leaves skin noticeably softer" was supported by consumer use testing.
    • On behalf of Energizer, successfully challenged advertising claims by Duracell that its Coppertop battery "lasts just as long in most common household devices" as the Energizer e² Lithium battery and that e² Lithium batteries "waste power." The NAD found that the study relied upon by Duracell was insufficient to support these claims and recommended that they be discontinued.
    • On behalf of General Mills, successfully challenged advertising claims by The Dannon Company for Light & Fit 0% Plus Yogurt. The claims at issue were that the product has "50% more fruit" and contains 12% of the recommended daily value of protein and 10% of the recommended daily value of Vitamin A. The NAD found the claims to be unsubstantiated and recommended that they be modified or discontinued.
    • Counsel to Lenovo, which acquired the IBM personal computer division in 2005, challenging advertising claims by Dell. Dell stated that its personal computers are the "World's Most Secure Notebooks" in addition to other related claims. The NAD evaluated the evidence submitted by both parties and determined, as Lenovo had argued, that Dell could not support its absolute superiority claims regarding security because it had not established that its competitors' products provided less security.
    • On behalf of General Mills, successfully defended a NAD action brought by Kellogg regarding advertising claims for Pillsbury Toaster Strudel. The claims at issue were "Pop-Tarts can't stand up to the delicious taste of Toaster Strudel" and "The one kids want to eat," both of which were used in the challenged commercial and on the Web site. The NAD found that the taste superiority claims for Toaster Strudel compared to Kellogg's Pop-Tarts were substantiated by a national taste test.
    • Counsel to Profile Products challenging a large number of advertising claims made by North American Green for HyrdraCX2, a competing erosion control product. The challenged claims included content, performance, and superiority claims. The NAD recommended that NAG discontinue most of the challenged claims.
    • Counsel to Dyson Technology Limited in Dyson Technology Limited v. Maytag Corp. (D. Del. 2007). Maytag, the former owner of the Hoover Company, brought numerous false advertising counterclaims against Manatt's client, Dyson, in the United States District Court for the District of Delaware. Maytag challenged virtually every advertising claim made by Dyson for its vacuum cleaners since it launched in the United States, including Dyson's well-known claim that Dyson vacuum cleaners do not lose suction. A cross-office team of Manatt litigators defended Dyson in this matter. The case settled favorably on the eve of the trial.
    • Successfully defeated a motion for preliminary injunction sought against client Jack in the Box alleging that television commercials for Jack in the Box 100% sirloin hamburgers were false and misleading with respect to Carl's Jr. and Hardees Angus hamburgers, in CKE Restaurants v. Jack in the Box (C.D. Cal. 2007).
    • Counsel to Schick Manufacturing in Schick Manufacturing, et al. v. Gillette (D. Conn. 2005). Preliminary injunction in favor of Schick regarding advertising claims that the Gillette M3Power razor raised hair up and away from the skin for a closer shave. The preliminary injunction required that Gillette cease from making these claims and sticker over the claims on all product packages throughout the United States.
    • Counsel to Energizer Holdings in a challenge to advertising by Rayovac making the superiority claim "World's best rechargeable system" for its 15-minute battery charger. The NARB upheld the NAD decision finding that the claim was unsubstantiated because it held true for only 20% of the batteries on the market. We also represented Energizer Holdings in the NAD proceeding.
    • On behalf of Eveready Battery Company, successfully challenged advertising by Kodak that its oxy-alkaline digital camera batteries allow consumers to take up to three times more pictures with a digital camera than with regular alkaline batteries. The NAD required that the claim be discontinued.
    • Counsel to Expedia and Hotels.com in a challenge to advertising by Priceline for its online hotel reservation service. NAD upheld the challenge, requesting modifications to the challenged advertising.
    • Winning an appeal before the NARB on behalf of Millennium Import Co., a leading luxury vodka importer, which had challenged advertising for Grey Goose vodka.

    Honors & Awards

    Named as one of the Top-Ranked Attorneys, Chambers USA, 2008-2015.

    The Best Lawyers in America, 2007-2016.

    New York Metro Super Lawyers, 2006-2015.

    The Legal 500 United States Guide, key lawyer in the area of Marketing & Advertising, 2015; leading lawyer for Marketing and Advertising: Litigation and Transactions, 2009, 2012.

    Publications

    Co-editor of AdvertisingLaw@manatt, the weekly newsletter of the Manatt Advertising, Marketing & Media Practice Group.

    "The Future of Self-Regulation of Behavioral Advertising," Advertising Compliance Service, July 20 and August 3, 2009.

    "Noteworthy Developments in NAD and CARU False Advertising Cases, "Advertising Compliance Service, July 21, 2008.

    "Self-Regulation of Advertising: An Alternative to Litigation and Government Action," IDEA: The Journal of Law and Technology, Vol. 43, No. 3, 2003.

    "District Court Denies Motion for Preliminary Injunction in Product Demonstration Case," Advertising Compliance Service, September 2, 2002.

    "Dustin Hoffman Decision Reversed on Appeal," Advertising Compliance Service, September 3, 2001.

    Co-author, "Recent Developments in Trade Dress Infringement Law," IDEA: The Journal of Law and Technology, Vol. 40, No. 1, 2000.

    "Advertising Law in the New Media Age," Practising Law Institute Conferences, 1996-2000.

    Memberships & Activities

    Admitted to practice in New York and Washington, D.C.

    Member, Legal Affairs Committee of the American Advertising Federation.

    Past Chairman, Consumer Affairs Committee of the Association of the Bar of the City of New York.

    Past Member, Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York.

    Speaking Engagements

    "The Television Network Advertising Clearance Process: Soup to Nuts," American Bar Association, November 5, 2011.

    "Advertising and Censorship: Pushing the Envelope," Pittsburgh Advertising Federation, July 27, 2011.

    "Social Media Marketing and the Law," West Legal EdCenter, July 19, 2011.

    "Top Ten Recent Advertising Cases of Note," American Advertising Federation Annual Conference, June 3, 2011.

    Social Media, Privacy & Other Advertising Issues: Bring Your Questions!, American Advertising Federation Annual Conference, June 11, 2010.

    "New Advertising and Marketing Guidelines and Practices: How to Stay Compliant with the FTC," West Legal EdCenter, January 20, 2010

    "Budget Busters: Bongs, Blogs and Brand Wars," American Advertising Federation National Webinar, October 24 and April 29, 2009."

    "Can They Say That? Testimonials and Endorsements," National Advertising Division Annual Conference, October 5, 2009.

    "Green Marketing: Understanding the Legal Risks," Progressive Business Conferences Webinar, September 23, 2009.

    "Recent Developments in Right of Publicity Law," International Trademark Association Annual Meeting, May 19, 2009.

    "Make It Personal: Behavioral Marketing and Privacy Issues," American Advertising Federation National Conference, June 4, 2009.

    "Recent Trends in NAD and Lanham Act False Advertising Cases," American Advertising Federation National Conference, June 9, 2008.