False Advertising

Arnall Golden Gregory’s False Advertising and Unfair Competition Practice guards our clients’ right to fair and open competition. False or deceptive product claims can severely damage a competitor. AGG’s attorneys are no strangers to complex bet-the-company litigation in this arena. We have successfully prosecuted numerous cases where our client’s competitors have made either literally false or impliedly false product claims, and have recovered millions of dollars in damages. Conversely, we have successfully defended clients in such disputes.

Often, swift action is necessary to prevent a competitor’s continued use of false claims. AGG’s attorneys have successfully obtained preliminary injunctions against false advertising and deceptive trade practices many different times and in many different courts. 

AGG’s attorneys also counsel clients on ways to navigate the legal shoals in this area so that litigation is avoided. Of course, should one of our clients be sued, AGG provides an efficient, result oriented defense. While AGG’s false advertising practice represents a wide range of clients in a large number of industries, AGG has successfully litigated a significant number of matters relating to medical devices and pharmaceutical products. These cases require an understanding of not only law relating to false advertising and deceptive trade practices, but of regulations enforced by the Food and Drug Administration. Often, the outcome of such cases will dictate whether a competitive drug may be marketed against a senior user’s drug or whether additional testing and the related delay in market introduction is required. A decision in such cases can, quite literally, be worth millions of dollars. 

In the best tradition of AGG’s business lawyers, we serve not only as advocates but also as business counselors and advisors.  As a result, very few cases alleging false advertising has been brought against existing AGG clients.  When litigation has occurred, AGG’s attorneys work with the client to make the correct business decision concerning the litigation and work effectively and efficiently, with small, nimble teams of litigators, to efficiently handle the matter. In addition to practicing in state and federal court, AGG is familiar with matters involving the Federal Trade Commission, the National Advertising Division of the Better Business Bureau and other industry and governmental regulatory agencies.