Best Advertising and Marketing Lawyers in Brooklyn

About Advertising and Marketing Law in Brooklyn, United States

This guide provides an easy-to-understand overview of legal issues that commonly affect advertising and marketing activities in Brooklyn, New York. Advertising and marketing law covers a wide range of topics - from truth-in-advertising rules and consumer protection to privacy, intellectual property, and local sign and permit requirements. Businesses and individuals operating in Brooklyn must comply with federal rules administered by agencies such as the Federal Trade Commission, New York State laws, and city rules enforced by New York City agencies and local authorities in Kings County. This guide is for informational purposes only and does not create an attorney-client relationship.

Why You May Need a Lawyer

Advertising and marketing law is complex and spans multiple legal areas. A lawyer can help you avoid costly mistakes and defend your interests in disputes. Common situations where legal help is useful include:

- Launching a new ad campaign and needing to verify claims, endorsements, or comparative advertising

- Facing a consumer complaint, regulatory inquiry, or enforcement action for deceptive advertising

- Receiving a cease-and-desist for alleged trademark, copyright, or trade dress infringement

- Creating promotions, contests, sweepstakes, or coupons and needing compliant rules and disclosures

- Drafting or reviewing influencer and endorsement agreements and disclosure language

- Handling data-collection, customer-targeting, email and text-message marketing while complying with privacy and communications laws

- Challenging a local signage or permit denial - for example, billboard, storefront sign, or street-level promotion

- Responding to competitor unfair-competition claims or filing Lanham Act or state-law claims

- Managing regulated-product advertising - for alcohol, tobacco, vaping products, or cannabis - where specialized restrictions apply

Local Laws Overview

Below are key legal frameworks and local rules that are particularly relevant in Brooklyn. You must consider federal, state, and municipal requirements together:

- Federal law - National advertising standards are enforced by the Federal Trade Commission and include truth-in-advertising rules, endorsement-disclosure requirements, and rules on deceptive or unfair practices. Communications laws such as the CAN-SPAM Act for email and the TCPA for calls and texts also apply.

- New York State law - New York has consumer-protection statutes that target false and misleading business practices and false advertising. State enforcement comes from the New York Attorney General and civil plaintiffs. New York also enforces laws on contests and sweepstakes and has specific rules that can affect promotional mechanics.

- New York General Business Law - State consumer-protection provisions prohibit deceptive acts and false advertising and provide a private right of action and civil remedies for consumers and competitors in certain cases.

- Local NYC rules and permitting - New York City and Brooklyn involve additional layers of regulation. Permits and compliance may be required for storefront signs, sidewalk promotions, handbills, or any use of the public right-of-way. The Department of Buildings regulates many structural signs. The Department of Consumer and Worker Protection enforces local consumer protection rules. Landmarked areas or historic districts in Brooklyn add special review by the Landmarks Preservation Commission for exterior signage.

- Transit and public-space advertising - The Metropolitan Transportation Authority and private transit operators have specific rules for ads on buses, subways, and in certain transit-adjacent spaces. There are also local limits on billboard advertising in certain zones.

- Regulated product advertising - Alcohol, tobacco, vaping products, and cannabis are subject to state licensing and advertising restrictions - including content rules and restrictions on targeting minors. Separate agencies regulate those industries.

- Privacy and data-security - New York has data-security obligations such as the SHIELD Act which requires reasonable safeguards for personal data. For ads that use targeted advertising or tracking technologies, privacy obligations and notice and consent practices should be reviewed. Federal laws such as COPPA apply to marketing directed to children under 13.

- Intellectual property - Trademark and copyright laws apply across the United States. The federal Lanham Act governs claims of false advertising and trademark infringement. Copyright law limits use of third-party creative works without permission.

Frequently Asked Questions

What makes an advertisement legally deceptive in Brooklyn?

An advertisement is generally deceptive if it contains a statement or omission that is likely to mislead a reasonable consumer and that is material - that is, it affects purchasing decisions. Both federal law and New York State law prohibit deceptive advertising. Materiality and the impression on the reasonable consumer are key tests.

Do I need permits to put signs or distribute flyers in Brooklyn?

Possibly. Exterior signage often requires permits from the New York City Department of Buildings and sometimes review by the Landmarks Preservation Commission in historic districts. Distributing handbills or using the public right-of-way may be regulated by city rules and local ordinances - for example, sidewalk displays or street marketing can require permits and compliance with local rules.

What rules apply to influencer endorsements and social-media marketing?

The FTC requires clear and conspicuous disclosure when influencers have a material connection to the brand - for example, payment, free products, or other incentives. Disclosures must be understandable and placed where consumers will see them. New York enforcement can follow the same standards when ads are deceptive.

Can I use a competitor’s trademark or logo in a comparative ad?

Comparative advertising is allowed if the statements are truthful and not misleading. Using a competitor’s trademark to identify the competitor is typically permitted under nominative fair-use principles, but avoid false statements, inaccurate comparisons, or use that implies sponsorship or endorsement by the competitor.

What do I need to know about running contests or sweepstakes in Brooklyn?

Promotions must comply with federal, state, and local rules. Key issues include clear rules and disclosures, eligibility and geographic restrictions, descriptions of prizes, methods of entry, odds of winning when required, no purchase requirements where necessary to avoid a lottery, and any required filings or bond requirements under state law if applicable. Terms and privacy notices are also important.

What laws govern email, text, and telemarketing campaigns?

Email marketing must comply with the CAN-SPAM Act which requires accurate headers, an opt-out mechanism, and truthful subject lines. Texts and automated calls are heavily regulated by the TCPA - prior express consent is usually required for autodialed calls and texts to mobile phones. New York may also have additional enforcement tools for abusive communications.

How should we handle customer data used for targeted advertising?

You must collect and secure personal data in accordance with state data-security laws, including the SHIELD Act for New York, and follow any notice and consent obligations that apply. If you target minors or collect children's data, federal COPPA rules will apply. Implement reasonable safeguards, update privacy policies, and document data-collection and retention practices.

What happens if a competitor accuses my ad of false advertising?

A competitor can send a cease-and-desist letter, file a civil lawsuit under state or federal law, or complain to state or federal regulators. Responses vary - from negotiating a settlement or correcting the ad to defending the claims in court. Early legal review helps assess risk and plan a response strategy.

Are there special rules for advertising cannabis, alcohol, or tobacco in Brooklyn?

Yes. Each regulated product category has specific state and local rules on who may be targeted, required warnings, where ads may appear, and licensing-related restrictions. For cannabis in New York, advertising cannot appeal to minors and is subject to state regulatory guidance. Alcohol and tobacco advertising also have age-targeting restrictions and content limitations.

How do I pick the right lawyer for an advertising or marketing issue in Brooklyn?

Look for attorneys or firms with experience in advertising, consumer protection, intellectual property, and privacy laws. Check local experience with New York City permit systems and borough-specific enforcement. Ask about experience with similar campaigns, typical fee structures, and whether the attorney litigates in state and federal courts in the Eastern District of New York, which covers Brooklyn.

Additional Resources

Below are types of agencies and organizations that provide guidance, enforcement, or assistance related to advertising and marketing in Brooklyn and New York:

- Federal Trade Commission - issues guidance on truth-in-advertising and endorsements

- U.S. Federal Communications Commission - for communications and broadcast rules

- U.S. Patent and Trademark Office and U.S. Copyright Office - for intellectual-property registrations

- New York State Attorney General - consumer protection and enforcement

- New York State agencies that oversee regulated products - for example, the state liquor authority and cannabis regulatory bodies

- New York City Department of Consumer and Worker Protection - local consumer protection and business rules

- New York City Department of Buildings and Landmarks Preservation Commission - for signage and historic-district approvals

- Metropolitan Transportation Authority and other transit agencies - for transit-related advertising rules

- Local bar associations - such as the Kings County Bar Association and New York City Bar Association - for lawyer referrals and professional resources

Next Steps

If you need legal assistance with an advertising or marketing issue in Brooklyn, consider the following steps:

- Gather key materials - collect your ad copy, creative files, campaign materials, contracts with vendors or influencers, promotional rules, and any correspondence or enforcement notices.

- Identify the issue clearly - are you preparing a new campaign, responding to a claim, or seeking permitting? Clear facts help your lawyer provide efficient advice.

- Contact a qualified attorney - consider advertising law, intellectual property, privacy, or regulatory specialists with New York City and Brooklyn experience. Use local bar associations for referrals and check attorney credentials and experience.

- Ask about fees and timelines - discuss fee structure - hourly, flat-fee, or contingency - and expected timelines for review, negotiations, or litigation.

- Consider compliance audits - for ongoing marketing programs, a compliance review can identify risk areas in endorsements, privacy, data use, and promotional mechanics before problems arise.

- Preserve evidence and communications - keep records of ad approvals, targeting criteria, consent records for texts or calls, and any consumer complaints or regulator communications.

- If facing enforcement or litigation, act promptly - early legal engagement often improves outcomes and preserves defenses and settlement options.

Getting tailored legal advice early helps protect your brand, reduce regulatory risk, and ensure your advertising and marketing efforts succeed within Brooklyn and New York legal boundaries.