Marketing and Advertising

Effective marketing: focused, creative, clear.

Effective marketing: focused, creative, clear.

From creating compliant campaigns to challenging competitor claims, you need the right team.

We are focused. On working with advertisers, agencies, media, and regulators. We blend our experience with deep technical knowledge of regulation, privacy, and intellectual property. We understand the market ― including highly regulated sectors like financial services, food, and life sciences.

We are creative. Experience and on-the-ground global knowledge enable us to provide pragmatic, commercially focused insight. Strategic thinking. Innovative campaign development. Constructive copy clearance.

We are clear. From traditional print to social media, emerging platforms, and adtech. From the one-off query to the most complex global campaign. We provide practical, efficient, and easy to understand advice on which you can act quickly.

We are there if things go wrong. Defending you, tackling unfair competitors, responding to regulators.

Hogan Lovells — Get your message through.

Representative experience

Advised multiple digital marketing and advertising agencies and publishers on compliance with GDPR, direct marketing, and cookie laws.

Advising a multinational company in coordinating a review of the rules governing the advertising of products across more than 70 countries.

Advising an international spirits producer on social media campaigns and promotions.

Advised international short-form video platform on use of user-generated content in advertising and social media influencer agreements.

Managed the development, implementation, and administration of sweepstakes, contests, and promotions company wide, including on social media platforms.

Advising a large portfolio of media companies involved in publications, live entertainment, education technology, digital ads, and sports and athletics events on U.S. and global privacy and data protection matters, including advertising practices under federal and state child/student privacy laws, general privacy laws, and consumer protection laws.

Addressing privacy and security risks associated with the global launch of Peloton’s entry into the wellness industry, including through partnerships with health plans and partners and assisted Peloton manage data protection issues in the delivery of content and products to organizations operating in markets around the world.

Advising multiple consumer-facing software and technology companies on CCPA compliance, including on the impact of the CCPA on the use of advertising technology and analytics providers and the required scope of notice and opt-out regarding those data-sharing relationships.

Advising multiple digital marketing and advertising agencies and publishers on compliance with applicable privacy, direct marketing, and cookie laws.

Advising various internet companies on the use of new technologies, including online tracking, targeting, and commercial use of data.

Advising a global company on failure to advise of harmful ingredients in national and statewide class actions.

Numerous representations of companies receiving putative class action demands in the food or life sciences space, resulting in no lawsuit or nuisance value settlements.

Successfully achieved dismissal on standing grounds in putative consumer class action against a men's clothing retailer alleging, among other things, that the retailer had engaged in unfair business practices by falsely promising to safeguard consumer personal information.

Represented two major cleaning product manufacturers in resolving class action claims over product quality and "natural" claims.*

Advising a leading food manufacturer with regard to preliminary injunction proceedings on misleading advertising and unauthorized nutrition claims.

Defended the makers of a wide variety of food products against putative class actions alleging false advertising, unfair competition, and other state law claims.

Obtained favorable jury verdict and Consent Order in a Lanham Act false advertising case about urine drug testing services after three-week trial.

Representing large financial institution in false advertising litigation against fintech mobile app.

Advising a global entertainment media conglomerate on strategic commercial and investment matters, as well as regulatory compliance spanning communications, e-commerce, online advertising, artificial intelligence, and consumer protection matters.

Advising a virtual reality company on product compliance, certification, safety, labelling, and stewardship issues relating to the launch of their products in more than 30 countries worldwide.

Advising an international food company on requirements under the EU Guidelines, ICC Guidelines, and ISO Standards on marketing of sustainability claims.

Advising a leading manufacturer of vegan food products on relaunch and marketing of its product portfolio.

Advising multiple clients on labeling and advertising claims for their products and ways to mitigate risks with claims such as “natural.”

Advising national food advertising campaigns for major restaurant chains on a range of issues, including comparative claims, product quality claims, and necessary substantiation, and counsel on compliance with mandatory federal calorie menu labeling rules.

Providing an assessment of FDA regulatory issues and corresponding regulatory risks for customized product line of cosmetic and OTC drug products, including review of applicable manufacturing, labeling, and advertising/promotion requirements.

Advising a U.S.-based cosmetics company on compositional, labeling and advertising regulatory issues in relation to the launch of a new cosmetics range in the UK, including reviewing on-pack artwork and marketing materials, advising on notification requirements, and coordinating an in-depth review of ingredient specifications.

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