Comparative Advertising: How to Distinguish Product Features & Avoid Denigration

(63 Ratings)

Produced on: December 08, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 61 minutes
Difficulty Intermediate

Businesses, marketers, and the attorneys they hire face many questions when it comes to product differentiation strategy. How can you find the best way to promote your product differences without crossing the line into product denigration? What are your remedies if your competitor has overstepped the bounds?

Join this entertaining program, presented by Amy Mudge, a Partner in Venable’s Advertising and Marketing Practice Group, to discuss lessons learned from Lanham Act and National Advertising Division (NAD) cases, and best practices in comparative advertising.

Learning Objectives:

  1. Discuss the difference between ashcanning and product differentiation
  2. Distinguish between a puff and a “claim requiring support”
  3. Promote differences between specific products, rather than an unintended broader line claim
  4. Review your options for challenging competitor false advertising and selecting the most effective, efficient forum


Amy Mudge

Venable LLP

Amy Mudge is an experienced attorney and partner in Venable’s Regulatory and Advertising and Marketing Practice Groups. She represents clients before the Federal Trade Commission, Department of Justice, state attorneys general and the National Advertising Division.

Ms. Mudge’s clients span across a wide range of industries including agriculture, Internet services, pharmaceuticals, dietary supplements and car rentals. She also has experience establishing effective compliance programs providing antitrust and marketing law training.

Ms. Mudge is the co-editor of a blog about issues critical to advertising and consumer law which can be accessed at

Nicholas M. DePalma

Venable LLP

Nicholas DePalma is a first chair trial lawyer representing clients in disputes related to Lanham Act and other false advertising claims, government contracts, and trust and estate issues. He has significant experience in both commercial litigation and arbitration, securing verdicts, judgments, injunctions, arbitral awards, and settlements for advertisers, government contractors, executives, high net worth individuals, entrepreneurs, real estate developers, and pro bono criminal defendants. He has also represented companies defending against enforcement proceedings and lawsuits brought by federal agencies.


Marc B.

Very good presentation.

Laura C.

Effective format. Very substantive and informing. Superb illustrative material.

Steve S.

Great program

Jane P.

Excellent presentations!

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$ 59 Advertising Law In Stock


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