Keller and Heckman professionals advise clients on all aspects of Advertising and PromotionPrivacy, Data Security and Digital Media; and Product Safety.

Our representative matters for Advertising and Promotion include:

  • Actively engaging in the development and application of advertising and privacy self-regulatory guidelines;
  • Counseling on advertising and labeling of consumer products, foods, drugs, cosmetics, dietary supplements, pesticides, chemicals, packaging materials, software, and electronic goods;
  • Providing guidance on advertising and privacy best practices;
  • Assisting in the assessment of the compliance of children’s advertising, especially with respect to the special rules and sensitivities associated with advertising to children;
  • Guiding the design of consumer perception surveys and advertising claims tests;
  • Overseeing and advising on the legal aspects of sweepstakes and other promotions;
  • Advising on the requirements for commercial co-venturers and charitable fundraising;
  • Identifying and counseling on regulatory implications of specific advertising claims;
  • Advising on environmental marketing and energy claims;
  • Reviewing Americans with Disabilities Act (ADA) and ergonomic compliance claims;
  • Evaluating and assisting in the creation of technical substantiation for complex advertising claims;
  • Obtaining advertising clearances from national broadcasting networks and other media’s clearance officials, with reference to the full range of substantiation requirements of the media;
  • Drafting and reviewing contracts;
  • Defending and prosecuting challenges before the National Advertising Division (NAD) and Children’s Advertising Review Unit (CARU);
  • Defending clients before the Federal Trade Commission (FTC) in connection with advertising and privacy investigations;
  • Prosecuting and defending false and deceptive advertising claims under federal and state laws in federal and state court;
  • Advocating before federal, state, and international legislative, regulatory, and self-regulatory organizations on advertising and privacy policy matters;
  • Counseling online marketers (including domain name holders, app developers and mobile device manufacturers) on all issues, from the development of public policy through advertising concerns.

Our representative matters for Privacy, Data Security and Digital Media include:

  • Advocating on privacy, data security and cybersecurity policy and self-regulation;
  • Defending clients in FTC and state privacy and data breach investigations and enforcement proceedings;
  • Representing  businesses in privacy rulemaking proceedings;
  • Counseling clients on compliance with privacy and data security laws, including data breach notification obligations, outsourcing arrangements, and trans-border flows;
  • Establishing social media policies for retailers, consumer products companies and trade associations;
  • Assisting  businesses in implementing online behavioral advertising self-regulatory compliance programs;
  • Developing privacy and data security policies and website terns for diverse businesses and associations;
  • Advising companies on transborder data flow adequacy mechanisms and drafting adequacy policies and instruments;
  • Obtaining take-down of infringing content from social media sites; and
  • Assisting clients in structuring promotions to comply with applicable laws.

Typical activities handled by members of our Product Safety group include:

  • Counseling on compliance and government reporting obligations under U.S. laws such as the Consumer Product Safety Act (CPSA), Federal Hazardous Substances Act (FHSA), Flammable Fabrics Act (FFA), and National Highway Transportation Safety Act (NHTSA), and the European Product Safety Directive;
  • Advising on domestic and global consumer product recall strategies;
  • Defending clients in regulatory enforcement actions;
  • Preparing and updating product safety and liability management programs;
  • Reviewing product labels and formulas for compliance with regulatory requirements;
  • Reviewing instructions, labels, manuals, installation and service guides, and advertising for product liability risk management purposes;
  • Participating in standards development activities;
  • Identifying and evaluating the relevance of government and third-party standards to specific products;
  • Litigating in state and federal courts, primarily involving more complex cases, such as “toxic tort” claims, where chemistry, toxicity, combustibility, machinery safety, or other complex issues are involved;
  • Conducting risk assessments on product ingredients;
  • Lobbying on product safety legislation;
  • Preparing and reviewing contracts to minimize product liability exposure, including trademark licensing agreements;
  • Counseling on government reporting obligations under the Consumer Product Safety Act and the European Product Safety Directive;
  • Advising on domestic and global consumer product recall strategies;
  • Evaluating insurance coverage issues; and
  • Advising clients on how to incorporate regulatory compliance requirements with their product liability risk management programs.