Bringing a False Advertising Claim: Claims, regulations, and AI creating ads

Jeffrey Edelstein | Manatt, Phelps & Phillips, LLP

Jeff Edelstein is one of the leading advertising, marketing, and media lawyers in the United States. He represents clients in all areas of advertising, marketing, and media law. Jeff has developed a well-earned reputation for the numerous successes he has achieved on behalf of leading companies involved in false advertising challenges before the National Advertising Division (NAD) and the National Advertising Review Board (NARB) of the Council of Better Business Bureaus, the primary self-regulatory bodies of the advertising industry; the television networks; and in the courts. His practice also includes reviewing advertising for legal acceptability on behalf of many advertising agencies and advertisers; obtaining network and other media clearance; handling matters before the Federal Trade Commission; representing clients in false advertising cases; advising clients on trademark, copyright, right of publicity and other intellectual property matters; and negotiating and drafting advertising and entertainment contracts, including talent, sponsorship, and social media contracts. Prior to joining Manatt, Jeff was a partner at the New York law firm Hall Dickler Kent Goldstein & Wood, LLP.

Upon graduation from law school, Jeff joined the Federal Trade Commission and served in the General Counsel’s office. He later became Attorney-Advisor to FTC Commissioner Elizabeth Hanford Dole. He then became Director of Broadcast Standards and Practices of the American Broadcasting Company, where he supervised commercial clearance for television and radio broadcast and false advertising challenges.

Monica Kulkarni | Manatt, Phelps & Phillips, LLP

Monica Kulkarni is an Advertising, Marketing and Media associate in Manatt’s New York office with experience in advertising and intellectual property law. She represents clients in transactional and compliance matters in all areas of advertising, marketing, and media law.

Before joining Manatt, Monica was an associate with the advertising law group of a national law firm. In this role, she focused on consumer protection and data privacy compliance matters for major brands and companies. Monica also assisted with cases and proceedings in front of the National Advertising Division and the Federal Trade Commission.

During law school, Monica served as a judicial intern to the Honorable George Russell III of the U.S. District Court for the District of Maryland. She also was a student attorney with the University of Maryland School of Law Intellectual Property and Entrepreneurship Clinic and a student volunteer with the Maryland Volunteer Lawyers for the Arts, where she advised artists and small-business owners on business- and intellectual property–related matters.

I. Basic principles of advertising law | 1:00pm – 1:15pm

II. Advertising claims | 1:15pm – 1:30pm

III. Substantiation for claims | 1:30pm – 1:40pm

IV. Puffery | 1:40pm – 1:45pm

V. False advertising claims | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

VI. Industry self-regulation | 2:10pm – 2:20pm

VII. Federal and state enforcement and remedies | 2:20pm – 2:30pm

VIII. Guidelines for creating ads using AI | 2:30pm – 2:40pm