Overview
In competitive markets, a single advertising claim can tip the balance. How do you ensure your truthful claims are protected from competitors, and how do you fight back when a misleading claim puts you at a disadvantage?
These types of advertising disputes are decided by the National Advertising Division (NAD) and the National Advertising Review Board (NARB). To successfully advocate at the NAD, you need a legal team with an intimate understanding of how the NAD works and close relationships with NAD attorneys.
Manatt works with clients to respond quickly and effectively to NAD challenges as the Advertiser and to craft strategically tailored briefings as the Challenger, highlighting the opponent’s pain points. Over the past decade, Manatt attorneys have been among the most frequent advocates in NAD proceedings, with successful outcomes across scores of NAD challenges, NARB appeals and compliance challenges. Whether you find yourself as an Advertiser or Challenger at the NAD, our out-of-the-box strategic deployments allow for cost-effective and business-friendly results.
“The Manatt, Phelps & Phillips team is very responsive and delivers well-reasoned, practical advice in advertising law.”—Client feedback, Best Law Firms®
Widely recognized among the top advertising law firms in the country, including “Law Firm of the Year” for Advertising Law in Best Law Firms, Manatt is known for:
- Responsiveness to our clients
- Quick turnaround with high-quality work
- Litigation experience when needed, including Lanham Act claims
- Practical guidance that avoids costly diversions, such as unnecessary consumer surveys
Advertising compliance and strategy
We help advertisers substantiate claims and prepare for NAD scrutiny before campaigns launch. Beyond our NAD standard track advocacy, our support extends to:
- SWIFT filings—Manatt has prevailed in challenges from initial engagement to initial filing in under 48 hours—and rapid responses to SWIFT NAD challenges
- Complex challenges, where our close relationships with experts and our world-class Food and Drug Administration practice are often used to our advantage
- Pre-clearance and substantiation best practices
NAD and FTC coverage under one roof
Our regulatory experience means clients can count on seamless support for advertising challenges before the NAD and federal regulators like the Federal Trade Commission (FTC). We help ensure continuity and compliance across all platforms. Our lawyers are unique in the industry, with the same attorneys regularly practicing at the NAD, at the FTC and in post-FTC litigation.
With Manatt, advertisers gain a strategic partner that helps defend claims quickly, reduces risk and keeps their business objectives front and center.
