Advertising and Promotions

Prince Lobel’s Advertising and Promotions practice group includes attorneys who represent publications as well as promotion, marketing, and advertising service providers. Our attorneys are experienced in providing advice concerning development, structure, compliance, production, and advertising and promotional package execution. Our team provides a unique and effective balance of regulatory oversight and our client’s creative vision, leaving intact the core foundation of each advertising and promotional package.

We work closely with clients to help ensure compliance with federal, state, and local laws and regulations, industry regulations, and voluntary industry self-regulatory provisions. Our team is experienced in advising clients about the application and scope of the FTC’s rules and regulations, including without limitation, the FTC’s negative option plans and endorsements regulations, the FTC’s Telemarketing Sales Rule, the FTC’s “do not call” provisions, the use of the word “free,” and rules and regulations governing competitive claims and substantiation requirements.

Our practice also includes comprehensive review and compliance services for sweepstakes and contest packages. Prince Lobel attorneys assist in the development and review of rules, terms of use, sweepstakes and contest disclosures, eligibility, liability, and publicity releases in all forms of media. We will also review sweepstakes and contests for compliance with federal and state laws and industry regulations, including the Deceptive Mail Prevention and Enforcement Act of 1999 and the Telemarketing Sales Rule.

As new technology emerges and is adopted by the advertising and promotions industry, Prince Lobel is positioned to assist its clients with implementing promotions through the use of new technology, such as mobile marketing, e-mail, user-generated content promotions, behavioral marketing campaigns, data aggregation, Web-based promotions, and telecommunications. Our team also counsels clients in connection with CAN-SPAM compliance, federal and state data collection and retention statutes, and the UK Data Protection Act of 1998.

State and federal laws and industry guidelines on direct mail, telemarketing, and e-mail marketing comprise a fast-changing and aggressively enforced area of advertising and marketing. We counsel clients on the complex regulatory landscape, review scripts and promotional copy, and review packages in light of federal and state laws as well as State Attorneys General regulations and enforcement actions.

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Some of our areas of expertise include compliance and review services for:

Advertising
Cause-related marketing
Co-branding
Couponing
Direct mail marketing and promotions
Games, sweepstakes, and contests
Joint promotions and product tie-ins
Licensing
User-generated content promotions
Online promotions and marketing
Premium offers and incentive programs
Product introductions and rollouts
Product placements
Product sampling and demonstrations
Sponsorships
Strategic partnerships
Telemarketing
Web site matters

Industry Associations:

Promotion Marketing Association (PMA)
Direct Marketing Association (DMA)
Boston Ad Club

Representative Matters

Representation of national magazine publisher in sweepstakes development, compliance, and winner notification
Representation of national company regarding user-generated content contest promotion
Review of regional media company’s direct mail promotion containing negative option provisions
Advertising review of print publication’s promotional package using the term “free” to identify
Negotiation of behavioral advertising data aggregation contract for a national media outlet
Negotiation of national children’s concert series sponsorship and promotional campaign for a national magazine publisher
Negotiation of promotional and advertising package including webisode production for distribution and cross promotion via Web, television, mobile marketing, and in-flight entertainment for national publisher
Review of advertorial campaign for regional publisher