Labeling and Advertising Law

Whether you are manufacturing or selling food, beverages, cosmetics, medical devices, computers, toys, furniture or any other type of product; there are five or six legal issues you need to take care of when it comes to labeling and advertising.

The first is the mandatory information required by relevant law or regulations. For example, the Nutrition Facts Panel on food labels. Or the choking hazard warning required for certain children’s products containing small parts. Or the fiber identification label needed for textiles.

The second aspect is protecting the brand name of the product by filing for US and international trademark protection.
The third is the marketing claims you want to make. Do you want to claim that your product is eco/green? If so, you will want to review and apply the Federal Trade Commission’s Environmental Marketing Guide if you want to avoid claims that you have engaged in illegal deceptive marketing practices.

The fourth is your instructions for use and/or warnings. If these are inadequate, you will be on the losing end of product liability lawsuits.

Fifth, your product labeling and advertising have to be coordinated because in some situations, the advertising needs to contain warnings and disclaimers. You cannot contradict your label statements and claims in your advertising and vice versa.
If you are selling outside of the US, each jurisdiction will have its own requirements. Common practices we take for granted here, such as comparative advertising, may be unlawful for certain product categories.

At the Hoeller Law Firm, we can guide you with all of this. We work closely with highly qualified trademark counsel to make sure that your own trademarks and any third party trademarks are used properly on your labels and advertising.