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Title

Advertising Litigation

Description

Perennially ranked among the top two advertising litigation firms nationwide by Chambers USA, we are the go-to firm for some of the world’s most successful brands.

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  • Our firm has one of the nation’s premier advertising litigation practices. We represent many of the world’s largest advertisers, including major pharmaceutical and consumer products companies, along with small and medium-sized retailers, software firms and other advertisers. We regularly provide our clients with advice regarding claim substantiation and advertising clearance.

    U.S. News & World Report and Best Lawyers Best Law Firms (2017 – 2025) ranked Kramer Levin’s Advertising Litigation practice in the national and New York top tiers for advertising law. From 2006 through 2024, Chambers USA and Legal 500 US ranked our Advertising Litigation practice in their top tier, recognizing the leading role the firm plays in this area of litigation on a national level. Chair Norman C. Simon has consistently been recognized by Chambers USA and Legal 500 US as a top lawyer in the field. Partner Eileen M. Patt has also been nationally ranked by Chambers USA.

    We have had extraordinary success litigating and trying advertising suits on behalf of our clients. We have litigated and tried some of the most significant cases under the federal false advertising statute, the Lanham Act. We have also successfully defended our clients in false advertising class actions brought under state consumer fraud laws throughout the country. And we regularly represent advertisers in challenges before the National Advertising Division (NAD) of the Better Business Bureau and the National Advertising Review Board (NARB).

    Defining Matters

    • Kramer Levin Obtains Dismissal With Prejudice of Putative Class Action Over Advertising for Ovulation Test Kits on Behalf of Swiss Precision Diagnostic GmbH’s Clearblue Brand

      Kramer Levin represented SPD Swiss Precision Diagnostics GmbH, maker of Clearblue at-home ovulation test kits, in securing the dismissal of a putative consumer class action brought under New York and California consumer deception laws against every major manufacturer of at-home ovulation test kits on the U.S. market. Plaintiffs alleged that the words “ovulation test kit" and “99% accurate" on the labels of Clearblue and other brands of at-home ovulation test kits deceived consumers because the kits do not directly detect ovulation, but instead detect the surge in luteinizing hormone that precedes ovulation. Judge Ramón E. Reyes Jr. of the United States District Court for the Eastern District of New York granted defendants' motion to dismiss with prejudice, holding that defendants' packaging cannot deceive reasonable consumers as a matter of law.
    • Kramer Levin Represents The Procter & Gamble Company in Successful NARB Appeal and NAD Challenge of Competitor’s Advertising Campaign

      Kramer Levin represented The Procter & Gamble Company, maker of dietary supplement Metamucil, in successfully defending an appeal by GlaxoSmithKline (GSK) before the NARB related to claims for GSK’s Benefiber supplement, after prevailing before NAD.

    • Kramer Levin Represents Procter & Gamble in Successful NARB Appeal concerning S.C. Johnson & Son’s Unqualified Non-Toxic Claims

      Kramer Levin represented The Procter & Gamble Company in successfully defending an appeal before the NARB concerning advertising by S.C. Johnson & Son Inc. for its Windex with Vinegar cleaner.

    • Kramer Levin Obtains Significant Victory for TrueCar, Securing Dismissal of Lanham Act False Advertising Case

      On July 15, 2019, Kramer Levin secured the dismissal of a Lanham Act false advertising suit commenced against its client, TrueCar Inc., by 108 individual car dealers across the country.

    The gold standard for complex advertising litigation. They are very powerful advocates, and for high-risk cases they are the first people we consider calling.
    — Chambers USA

    Practice Contacts

      • Norman C. Simon

        • Partner
        • Partner, Chair, Advertising Litigation
        • New York
        • nsimon@kramerlevin.com
        • T 212.715.7816
        • F 212.715.8054
      • vcard
      • Eileen M. Patt

        • Partner
        • New York
        • epatt@kramerlevin.com
        • T 212.715.9347
        • F 212.715.8347
      • vcard
    • Perspectives

      Search More
      • Category
        Defining Matters
        Date
        March 18, 2025
        Title
        Kramer Levin Obtains Second Circuit Affirmance of Dismissal with Prejudice in Putative Consumer Class Action Against Clearblue Ovulation Test Kits
        Read More
      • Category
        Sponsorship
        Date
        Nov. 11, 2024
        Title
        ANA's 2024 Masters of Advertising Law Conference
        Read More
      • Category
        Announcements
        Date
        Oct. 24, 2024
        Title
        2024 New York Super Lawyers and Rising Stars Lists Include Over 90 Kramer Levin Attorneys
        Read More
      • Category
        Announcements
        Date
        Oct. 03, 2024
        Title
        Benchmark Litigation 2025 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        June 27, 2024
        Title
        Legal 500 US 2024 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        June 06, 2024
        Title
        Chambers USA 2024 Recognizes Kramer Levin
        Read More
      • Category
        Defining Matters
        Date
        May 08, 2024
        Title
        Kramer Levin Obtains Dismissal With Prejudice of Putative Class Action Over Advertising for Ovulation Test Kits on Behalf of Swiss Precision Diagnostic GmbH’s Clearblue Brand
        Read More
      • Category
        Announcements
        Date
        Nov. 06, 2023
        Title
        Kramer Levin Named in Top Tier by 2024 Best Lawyers’ Best Law Firms Rankings
        Read More
      • Category
        Announcements
        Date
        Oct. 18, 2023
        Title
        Benchmark Litigation 2024 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        Sept. 22, 2023
        Title
        2023 New York Super Lawyers and Rising Stars Lists Include Over 90 Kramer Levin Attorneys
        Read More
      • Category
        Speaking Engagement
        Date
        Sept. 19, 2023
        Title
        National Advertising Division’s What’s New + Next in Ad Law Annual Conference
        Read More
      • Category
        Announcements
        Date
        June 08, 2023
        Title
        Legal 500 US 2023 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        June 01, 2023
        Title
        Chambers USA 2023 Recognizes Kramer Levin
        Read More
      • Category
        Seminar
        Date
        Jan. 23, 2023
        Title
        Kramer Levin’s Trends in Advertising Litigation and What To Expect in 2023
        Read More
      • Category
        Speaking Engagement
        Date
        Nov. 08, 2022
        Title
        2022 ANA Masters of Advertising Law Conference
        Read More
      • Category
        Announcements
        Date
        Nov. 08, 2022
        Title
        Kramer Levin Named in Top Tier by 2023 U.S. News & World Report and Best Lawyers’ Best Law Firms Rankings
        Read More
      • Category
        Announcements
        Date
        Oct. 06, 2022
        Title
        Benchmark Litigation 2023 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        Sept. 30, 2022
        Title
        2022 New York Super Lawyers and Rising Stars Lists Include Over 80 Kramer Levin Attorneys
        Read More
      • Category
        Sponsorship
        Date
        Sept. 19, 2022
        Title
        National Advertising Division Annual Conference 2022
        Read More
      • Category
        Announcements
        Date
        June 08, 2022
        Title
        Legal 500 US 2022 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        June 01, 2022
        Title
        Chambers USA 2022 Recognizes Kramer Levin
        Read More
      • Category
        Speaking Engagement
        Date
        Nov. 15, 2021
        Title
        2021 ANA/BAA Marketing Law Conference
        Read More
      • Category
        Announcements
        Date
        Nov. 04, 2021
        Title
        Kramer Levin Named in Top Tier by 2022 U.S. News & World Report and Best Lawyers’ Best Law Firms Rankings
        Read More
      • Category
        Announcements
        Date
        Sept. 30, 2021
        Title
        2021 New York Super Lawyers and Rising Stars Lists Include Over 80 Kramer Levin Attorneys
        Read More
      • Category
        Announcements
        Date
        Sept. 30, 2021
        Title
        Benchmark Litigation 2022 Recognizes Kramer Levin
        Read More
      • Category
        Sponsorship
        Date
        Sept. 29, 2021
        Title
        National Advertising Division Annual Conference 2021
        Read More
      • Category
        Announcements
        Date
        June 09, 2021
        Title
        Legal 500 US 2021 Recognizes Kramer Levin
        Read More
      • Category
        Announcements
        Date
        May 20, 2021
        Title
        Chambers USA 2021 Recognizes Kramer Levin
        Read More
      • Category
        Defining Matters
        Date
        Nov. 18, 2020
        Title
        Kramer Levin Represents The Procter & Gamble Company in Successful NARB Appeal and NAD Challenge of Competitor’s Advertising Campaign
        Read More
      • Category
        Sponsorship
        Date
        Nov. 10, 2020
        Title
        2020 ANA/BAA Marketing Law Conference: A Virtual Experience
        Read More
      View More
    • Recognition

      Year
      2010 – 2014, 2017 – 2025
      Name
      U.S. News & World Report and Best Lawyers’ Best Law Firms
      Description
      Ranked in Top Tier for Advertising Law (National, New York)
      Year
      2009 – 2024
      Name
      Legal 500 US
      Description
      Ranked in Top Tier for Media, Technology and Telecoms – Advertising and Marketing: Litigation
      Year
      2006 – 2024
      Name
      Chambers USA
      Description
      Ranked in Band 1 for Advertising Litigation (2010 – 2024)
      Year
      2022
      Name
      Benchmark Litigation: Law Firm of the Year for New York
      Year
      2007 – 2020
      Name
      Benchmark Litigation
      Description
      Recognized as a Leading New York Litigation Firm

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