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  • Jeffrey S. Edelstein
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Jeffrey S. Edelstein

Edelstein_Jeff_New-Bio-Template-730-x-730

Partner

Advertising, Marketing and Media
Contact
  • jedelstein@manatt.com
  • Phone: 212.790.4533
  • Download vCard
  • New York
Bar Admissions
  • New York

    Washington, D.C.

Education
  • Harvard Law School, J.D., 1973

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

Services
  • Advertising Litigation
  • Advertising, Marketing and Media
  • Cannabis and CBD
Industries
  • Manatt Digital and Technology
  • Manatt Retail and Consumer Products

Show Full Bio

  • Profile
  • Experience
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Jeff 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. Jeff 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 in 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, Jeff was a partner at the New York law firm Hall Dickler Kent Goldstein & Wood, LLP.

Upon graduation from law school, Jeff 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.

Experience

Experience

Jeff's accomplishments include:

  • Counsel to Guthy-Renker in a NARB appeal regarding advertising claims made for the Crepe Erase Anti-Aging Body Care Treatment System. The National Advertising Division challenged 13 claims that Guthy-Renker was making in its advertising for Crepe Erase. After more than a year of submissions, the NAD found that some of the claims were supported, but that others were not supported. Guthy-Renker appealed the decision regarding seven of the claims to the NARB, and Manatt argued the appeal in front of a panel of five NARB members, which held that Guthy-Renker had adequate substantiation for each of the seven claims.
  • On behalf of Multiple Energy Technologies LLC (MET), the maker of Redwave-brand bioceramic material for use in sportswear, sleepwear, bedding, and other textiles, secured a preliminary injunction in Lanham Act false advertising case Multiple Energy Technologies LLC v. Hologenix LLC (C.D. Cal. 2019). The court ruled in MET’s favor after finding that Hologenix made “literally false” statements on its website and in social media and press releases indicating that the Food and Drug Administration had approved its competing product, Celliant.
  • 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.
Speaking Engagements

Speaking Engagements

“Social Media Influencers and Testimonials in Insurance Advertising,” Insurance Advertising Compliance Association 19th Annual Conference, April 23, 2020. *Event canceled due to COVID-19

“Examining International Standards in Claims Substantiation,” American Conference Institute’s Advertising Claims Substantiation Forum, January 31, 2019.

"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.

Honors & Awards

Honors & Awards

Named as one of the Top-Ranked Attorneys, Chambers USA, 2008–2022

The Best Lawyers in America, 2007–2023

New York Super Lawyers, 2006–2019

The Legal 500 United States Guide, key lawyer in the area of Marketing & Advertising, 2015–2017; leading lawyer for Marketing and Advertising: Litigation and Transactions, 2009, 2012

Memberships

Memberships

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

Publications

Publications

Co-author, “What the food and beverage industry needs to know about CBD,” FoodDive, October 7, 2019.

“Why Apple Customers Lost a Suit Over Storage Capacity,” Law360, January 14, 2019.

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.

Jeff in the News

  • 08.18.22

    86 Manatt Attorneys Named to 2023 Best Lawyers Guide

    Eighty-six Manatt attorneys have been named to the 2023 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers each ...

  • 06.01.22

    Manatt Receives Top Band Rankings in Chambers USA 2022

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2022 USA Guide. The Firm and its professionals were ...

  • 08.19.21

    77 Manatt Attorneys Named in Best Lawyers 2022 Guide

    Seventy-seven Manatt attorneys have been named to the 2022 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers ...

  • 05.20.21

    Manatt Receives Top Band Rankings in Chambers USA 2021

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2021 USA Guide.

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Jeff's Articles

  • 01.14.19

    Why Apple Customers Lost a Suit Over Storage Capacity

    “Last November, for the second time, a California federal court judge dismissed a lawsuit filed by three Apple Inc. customers alleging that the ...



  • 08.03.17

    Ninth Circuit Tosses Deception Challenge to Gerber's Labels

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and Media The U.S. Court of Appeals, Ninth Circuit, reinstated the dismissal ...



  • 06.15.17

    Weight Loss Drug Gains FDA Warning About False Advertising

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and Media In the first warning letter sent since President Donald J. Trump ...



  • 05.18.17

    Net Neutrality Continues to Divide

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and Media In the latest developments with regard to net neutrality, just ...



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Jeff's Newsletters

  • 01.03.23

    2022 FTC and NAD Roundup

    2022 has proven to be an interesting year at the Federal Trade Commission and the National Advertising Division.

  • 12.20.22

    FDA Issues Warning Letters to Companies Illegally Selling Food and ...

    The Food and Drug Administration has issued a new set of warning letters to companies for illegally selling food and beverage products that contain ...

  • 07.25.22

    CARU Determines Primark’s Advertising Furthers Negative Gender ...

    The Children’s Advertising Review Unit of BBB National Programs has recommended that Primark US Corp. modify its children’s products and ...

  • 05.24.22

    FTC Proposes Major Updates to the Endorsement Guides

    The Federal Trade Commission unveiled its proposed updates to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in ...

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Jeff's Events and Webinars

  • 06.30.22

    Episode 19: A Closer Look at the Proposed Amendments to the FTC ...

    With the evolving use of social media and consumer and product reviews in marketing, the Federal Trade Commission (FTC) has proposed ...



  • 12.29.21

    Episode 15: Reflections on 2021 and a Look Ahead at 2022

    Perfect Balance has covered a variety of top issues and opportunities facing advertisers and marketers in 2021, including loyalty ...



  • 09.30.21

    Episode 12: Special Mailbag Episode – Perfect Balance’s One-Year ...

    This past year, the Perfect Balance: An Advertising Law Podcast has covered a wide range of topics—from issues related to COVID-19 ...



  • 04.29.21

    Episode 8: Advertising COVID-19-Related Products: The Myths, the ...

    More than a year after the COVID-19 pandemic forced a global lockdown, COVID-19 continues to dominate the news and our lives in a way that ...



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