On Demand
Audio
False Advertising: An Overview of Law and Enforcement
Produced on December 19, 2016
Course Information
Course Description
Advertising has never been a bigger business, more important to the success of products and services, or a more pervasive part of our everyday environment. Online advertising and social media have created new product categories as well as new ways to sell them. Meanwhile, enforcement of advertising laws by government agencies and legal disputes in the courts and self-regulatory forums is as active as ever. In this survey of the law governing false advertising, August Horvath, a partner in the advertising law practice of Kelley Drye & Warren in New York, makes liberal use of classic and contemporary ads to illustrate the fundamental issues in false advertising law and enforcement.
Learning Objectives:
- Recognize what counts as an advertisement subject to false advertising liability and when a claim is just harmless marketing “puffery”
- Understand the legal significance of the difference between express and implied claims
- Discuss general standards for substantiating an advertising claim, the special standards for science-based claims, and the burden you take on when you say your claim is “proven”
- Ponder considerations when making comparative claims against other products
- Identify exactly what disclosures and disclaimers do and don’t do
- Discover who enforces the advertising laws and where disputes are litigated
- Engage with current hot topics in advertising law
Credit Information
Faculty
August Horvath
Foley Hoag LLP
August Horvath, a partner in Foley Hoag's Advertising & Marketing practice, is a noted advertising and antitrust attorney. He counsels clients on how to substantiate and defend marketing claims they wish to make for their products and services, helps them challenge false and disparaging advertising by their competitors, and assists them in managing relationships with competitors, customers and suppliers without running afoul of antitrust laws.
August provides representation in private false advertising and deceptive practices litigation before the Federal Trade Commission (FTC), state Attorneys General and the National Advertising Division (NAD) of the Council of Better Business Bureaus, and litigates in courts across the country. He has helped many companies in fields such as pharmaceuticals, retailing, sporting and other consumer goods, and online Internet services reach their marketing, distribution and competitive goals while overcoming complex challenges of advertising law and antitrust barriers.
August’s antitrust experience includes litigating both civil and criminal cases before the Department of Justice (DOJ) Antitrust Division; FTC investigations and litigation related to conduct and mergers and acquisitions; and private litigation, including class actions with millions of class members. He also counsels clients in establishing marketing programs and distribution arrangements that comply with advertising and antitrust laws and regulations from the outset of their marketing plan development. August’s Ph.D. and hands-on experience in survey research and statistical analysis give him exceptional insight into developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims, and working with and against expert witnesses.
August has been listed among premier attorneys in the U.S. Legal 500 and New York Super Lawyers. A fellow of the American Bar Foundation, he serves as co-chair of the American Bar Association Section of Antitrust Law, Agriculture and Food Committee.
Reviews
Easy to follow. Likable and knowledgeable presenter. Well done. Thank You.
The speaker made it very easy to follow along, and the corresponding slides helped piece the information together.
Serious and effective
interesting and funny guy
Very knowledgeable and articulate instructor.
clear and entertaining speaker
Great intro, easy for someone new to the subject to follow
Good speaker.
Fast-paced, effective, content-rich, lots of examples, convincing.
Informative and well communicated.
complex topic presented in a very digestable and relatable manner.
Interesting and well presented.
presenter very good!
Good use of examples drawn from actual cases.
Very informative. Well-structured.
Interesting lecture and good materials.
very good
Good speaker, easy to listen to and understand
Interesting topic I knew nothing about. Very good presenter/presentation.
Very informative and interesting course.
Excellent speaker.
Good presenter.
I really enjoyed this instructor's presentation. It was interesting and engaging, with a lot of helpful examples.
Well informed presentation and useful information
Good
This was one of the best presentations I have seen yet!
Very educational in terms of things to look out for in advertisement
good
New Android app is great. Very handy.
Excellent presentation
good info at a common sense level
Great class with excellent practical examples to highlight the types of advertising claims and their potential pitfalls.
I thought this was an excellent overview of advertising law. Bravo!
Presenter had good pacing and was credible and knowledgeable.
Exceptionally informative and well organized.
Excellent
Presenter offered real-life examples about the implications of false claims.
Interesting possible implications for Civil Rights enforcement.
Informative
The nuances in this area of law were presented and dissected well by the presenter.
Some course teachers can speak well and others aren't so good - but this teacher was particularly good in his delivery method and organization. It was very noticeable.
Good course
Good speaker
Best program to date
best one so far.
Very informative, fluid presentation.
Super interesting and great presentation.
great talk
okay presentation
Great narrator. Interesting topic presented in a way that kept one's attention.
Very informative. Thank you for a great course.
excellent
some good info, some seems very obvious.
great speaker, concise lecture, knows subject very well
Highly satisfied
Very good speaker. Interesting program.
Very clear and articulate!
Informative
Lecturer and presentation are both informative and entertaining!
Excellent presentation and speaker!
The speaker was very engaging and made the program relatively easy to understand.
thanks
I thought the speaker was exceptional and provided an excellent summary of a complex and fact-dependent area of the law.
Great presentation! Presenter was very clear, concise and organized.
Great presentation
Great speaker - covered a myriad of topics efficiently and understandably.
Excellent class!
Good
Looking for more citations in the materials. Examples given to make the points were very helpful.
Probably the best Lawline program I have viewed to date. Information-packed but extremely well organized and paced. A fast 90 minutes.
Great presenter, easy to follow and understand.
Interesting course and good speaker.
This course is absolutely outstanding. It is interesting throughout, well organized and very informative.
Nice course, part of my all day drive.
Best program yet.
The lecturer was excellent. Knowledgeable and entertaining. Enjoyable seminar and productive. Hope he does future seminars. Good presenter.
Great delivery of the material. Highly tolerable 90 minutes!
Excellent presentation. Clear and informative.
The best of the lot.
Really interesting subject and I liked the use of real commercials to illustrate the material.
Excellent presentation
This is a very useful topic in today's sell sell sell world. Good presentation
useful information
Eye-opening!
Well presented
This was one of the best lawline courses to which I have listened. EXCELLENT material delivered by an excellent lawyer.
Mr. Horvath, thank you for putting together an excellent course.
Great speaker.
Great course!
This was one of the best CLE presentations I have participated in.
One of the better and more effective presentations I've listened to on Lawline. Very well organized and presented in an interesting manner. Highly recommended.
Good speaker and interesting topic
nice sense of humor
good overview
Good mix of supportive examples & law.
good primer
Great presenter...very engaging.
While fast paced, this lecture was clear and easy to follow. It covered a good basic primer in this area and had interesting advertising examples to illustrate the points well. Thank you for a great lecture.
Excellent!
Content well chosen and presentation well done. I would recommend this course as a good introduction to the topic of false advertising.
first rate presentation!
Friendly tone and interesting nuances and variables adding to the informative value.
Much appreciated the good, practical, real-world, common-sense presentation punctuated with classic and contemporary ads to illustrate or accentuate a point. There remains no doubt that the speaker is conversant in current hot topics involving advertising law. This well-versed program host shares a review of the law governing false advertising and, in the process, elucidates the fundamental issues in false advertising law and enforcement.