The complexity and expense of taking consumer products and services to market has increased significantly in recent times.  McGrath North assists clients in a diverse range of businesses to manage their consumer advertising and promotional issues and their trade communications and promotions.   

Labeling and Marketing Materials  McGrath North has extensive experience with the Fair Packaging and Labeling Act and state and federal regulations and works with clients to ensure that product labels and marketing materials, including coupons, rebates, sales, price advertising and discounts, are fully compliant with state and federal regulations.  We assist clients with comparative advertising issues and development of substantiation for labeling and advertising claims, and to secure network clearance of television and radio commercials. 

Legislative and Administrative Services McGrath North marketing attorneys work closely with state and federal policymakers to assist with regulation development.  We also have extensive experience representing clients before the FDA, USDA, Office of Inspector General, FSA and EPA, as well as state and local agencies.  Our attorneys have also successfully led our clients through the rigorous regulatory and public communications maze attendant to recalls, market withdrawals and threatened governmental actions.  

Advertising Claims Representation and Litigation Our marketing attorneys have extensive experience representing clients before the National Advertising Division ("NAD") of the Better Business Bureau, both in bringing claims and in representing clients who have been challenged in this self-regulatory forum, and in collaborating with McGrath North's litigation attorneys to provide experienced and complete representation before, during and after marketing or unfair competition lawsuits. 

Advertising, Marketing and Sponsorship Agreements  Our firm assists a wide cross-section of businesses negotiate agreements with advertising agencies, fulfillment agencies, artists and photographers, celebrity talent, service providers, spokespersons and industry consultants.   Our attorneys also have significant expertise in negotiating product placement agreements and joint promotion agreements, commercial co-venture agreements and other charity/manufacturer tie-ins. 

Children's Advertising Issues  Advertising consumer products to children is an increasingly complex proposition.  Our attorneys can assist with such diverse issues as complying with the Children's On-Line Privacy Protection Act and ensuring advertising is compliant with the guidelines of the Children's Advertising Review Unit ("CARU") of the Better Business Bureau.  McGrath North also assists clients with the complicated issues involved in offering sweepstakes and other game promotions to children.  Proposed and existing childhood and adult obesity legislation and regulations at the federal, state and local level present special challenges to food companies, retailers, restaurants and dietary supplement companies. 

Game Promotion Development  Our advertising and marketing attorneys have significant experience structuring and managing on-line and traditional sweepstakes, game promotions, instant win games, skills contests and other consumer and trade-related promotions. Our attorneys help clients develop rules, negotiate fulfillment services, and coordinate sweepstakes bonding and registration for trade and consumer promotions. 

Representative Projects

• Represented clients in obtaining favorable resolutions of NAD challenge of competitors' misleading advertising.
• Obtained previously withheld information from federal agency critical to client's development of new venture.
• Designed and implemented numerous joint on-line and traditional national sweepstakes.
• Assisted clients in bringing new dietary supplement products to market, including agency approvals, importation issues, labeling, and advertising compliance advice.
• Successfully defended NAD competitive challenges from competitors regarding trade advertising.
• Drafted and successfully negotiated celebrity spokesperson agreements and endorsement agreements.
• Drafted agreements for and assisted in implementation of national commercial co-venture between client charity and retailer.
• Drafted and negotiated joint promotion agreements with complementary products on behalf of clients. 
• Advised clients in development of child-focused websites and promotions.  
• Designed, drafted and obtained passage of federal regulatory changes on behalf of clients.