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Key 2021 Decisions from the NAD and NARB

By Baldassare Vinti, Jeffrey Warshafsky, Jennifer Yang & Anisha Shenai-Khatkhate on February 9, 2022
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With more than 80 closed cases, 2021 was another unprecedented year at the National Advertising Division and National Advertising Review Board. Proskauer’s False Advertising Group closely tracks these decisions from the advertising industry’s self-regulation system to stay apprised of the latest developments and trends, and has compiled a guide providing case summaries, with our insights and key takeaways, of key 2021 decisions from the NAD and NARB. This resource, organized by industry, will help advertisers stay up-to-date on current trends, best practices and recent important changes to NAD’s procedures.

Download the Guide Here

 

Photo of Baldassare Vinti Baldassare Vinti

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies…

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies and universities in patent, trade secret, false advertising, consumer class actions and technology-related breach of contract litigation in federal and state courts as well as before the International Trade Commission.

Baldo is particularly sought after for his courtroom skill and strategic depth, having led trials, arbitrations and appeals in high-stakes disputes involving technologies ranging from pharmaceuticals and medical devices to encryption, digital media, diagnostics, mobile platforms and software. Baldo has represented global corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc. and Zenith Electronics LLC.

With a background in pharmacy, Baldo brings deep domain expertise to pharmaceutical litigation. He has a proven record of driving successful outcomes in complex pharmaceutical milestone payment, royalty and licensing disputes—often stemming from collaboration agreements, co-development deals, and M&A transactions—where the financial and strategic stakes run high.

In addition to representing corporate clients, Baldo works closely with university innovation and technology transfer offices to maximize the financial return of research investments. He develops tailored IP asset optimization strategies and aggressively enforces intellectual property rights to protect and monetize core innovations—whether through high-value licensing agreements, shaping and advancing spin-out company development, or successful litigation.

Baldo also provides strategic counsel on IP due diligence, complex licensing, IP structuring, patentability and freedom-to-operate analyses, and infringement and validity opinions. He advises boards and executive teams on aligning IP strategy with business objectives, mitigating risk and maximizing the value of innovation assets.

A frequent author and commentator on intellectual property topics, Baldo has been quoted in the National Law Journal, Bloomberg BNA, Law360, Westlaw Journal and Inside Counsel magazine. He is also a regular contributor to articles published in Medical Product Outsourcing magazine that deal with the medical device industry.

Baldo served as a judicial intern for Hon. John E. Sprizzo of the United States District Court for the Southern District of New York and for Hon. Charles A. LaTorella of the New York Supreme Court.

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Photo of Jeffrey Warshafsky Jeffrey Warshafsky

Jeff Warshafsky is a partner in the Litigation Department. A versatile commercial litigator and strategic advisor, Jeff specializes in consumer class actions, sports litigation, false advertising, trademark, and other intellectual property disputes.

Jeff defends companies in connection with consumer class actions involving advertising…

Jeff Warshafsky is a partner in the Litigation Department. A versatile commercial litigator and strategic advisor, Jeff specializes in consumer class actions, sports litigation, false advertising, trademark, and other intellectual property disputes.

Jeff defends companies in connection with consumer class actions involving advertising and privacy issues. He has handled dozens of class actions around the country for multinational companies across diverse sectors including consumer product companies, retailers, and sports leagues. Jeff also counsels clients to avoid being targeted in such actions, helps them respond to demand letters from plaintiffs’ counsel, and negotiates resolutions.

Additionally, Jeff represents clients in competitor versus competitor advertising disputes, including in Lanham Act cases and advertising self-regulation disputes before the National Advertising Division and the National Advertising Review Board. He also counsels companies on advertising substantiation issues, with an emphasis on complex scientific testing, such as clinical trials and sensory testing. Jeff regularly advises major sports leagues on complex business disputes.

Jeff maintains a robust pro bono immigration practice, assisting clients with asylum and U-Visa applications and in connection with removal proceedings. In addition to his active practice, Jeff is an editor of and contributor to the Firm’s false advertising blog, Watch This Space: Proskauer on Advertising Law.

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Photo of Jennifer Yang Jennifer Yang

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and…

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and National Advertising Review Board (NARB) as well as trademark, trade secret and copyright litigation. Jen represents clients in a variety of industries, including medical device companies, consumer products companies, cosmetics companies, food and beverage companies, fashion retailers, sports, entertainment and art foundations.

Jen regularly defends clients in threatened and filed consumer class actions. She has successfully helped clients defend cases around the country involving core product performance claims, ingredient claims, slack fill allegations, environmental and other ESG-related claims, pricing disputes, health claims, and allegations of undisclosed PFAS and other contaminants. Jen has extensive experience litigating matters involving foods, drugs, medical devices, dietary supplements and cosmetics, and is proficient on the impact of the regulatory frameworks governing these products on consumer class action defense.

Jen also frequently represents both plaintiffs/challengers and defendants/advertisers in competitor Lanham Act cases and challenges before NAD and NARB. She brings her deep experience in litigation strategy and subject matter expertise to each case to achieve the best possible outcome for her clients.

A core part of Jen’s practice includes counseling clients on advertising and claim substantiation. She leverages her expertise in NAD, regulatory guidance (including the FTC Endorsement Guides, Green Guides and Negative Option Rule), state consumer protection statutes and consumer class action trends to work closely with clients and their marketers to help develop compelling marketing campaigns and messaging while minimizing legal risk. Jen also partners with clients’ R&D teams to help develop robust claim substantiation in accordance with best legal practices, including clinical studies, in vitro testing, sensory studies, home use tests, and consumer and expert surveys.

Jen is a regular speaker at ANA’s Masters of Advertising Law Conference, and is an author and editor of Proskauer’s advertising law blog, Proskauer on Advertising.

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    Proskauer on Advertising Law
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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