Best Advertising and Marketing Lawyers in New York City

1. About Advertising and Marketing Law in New York City, United States

Advertising and Marketing law in New York City is a multi-layered field. It combines federal enforcement, state statutes, and local city ordinances to regulate what is said in ads, how it is said, and who it targets. In practice, this means you must consider the Federal Trade Commission (FTC) rules, New York General Business Law (GBL) provisions, and NYC consumer protection enforcement when promoting products or services in NYC.

Federal law governs truthfulness and substantiation in advertising across all media. The FTC prohibits deceptive and unfair acts or practices in advertising and marketing. Endorsements and testimonials must be disclosed clearly, and advertising claims must be substantiated. These requirements extend to online, social media, and influencer campaigns that reach NYC consumers.

“Advertising that is deceptive or misleading is unlawful under the FTC Act.”

At the state level, New York imposes stricter standards on deceptive practices in general business and advertising. General Business Law (GBL) sections 349 and 350 prohibit deceptive acts or practices and false advertising, with enforcement by the New York State Attorney General and potential private actions. Practically, NYC businesses must ensure claims about products and services are truthful, substantiated, and clearly disclosed to NYC consumers.

“False or misleading advertising is a basis for action under New York General Business Law sections 349 and 350.”

Local enforcement is carried out by the New York City Department of Consumer and Worker Protection (DCWP). The DCWP focuses on deceptive practices in NYC and provides avenues for complaints and investigations into online and offline advertising. This means an ad that runs in NYC, even if produced elsewhere, can trigger local scrutiny if it deceives NYC residents.

In addition to advertising claims, marketers must be mindful of data practices and privacy laws that affect targeted marketing and email campaigns. The CAN-SPAM Act at the federal level governs commercial email, while state and local laws address deceptive marketing in digital contexts.

2. Why You May Need a Lawyer

Below are concrete, NYC-specific scenarios where you would benefit from legal counsel specialized in Advertising and Marketing law:

• Influencer campaigns without proper disclosures in NYC. An NYC fashion brand pays local influencers to promote a product on Instagram without clearly disclosing sponsorships. This can trigger FTC Endorsements guidance and state-level prohibitions on deceptive advertising, exposing the brand to enforcement and private claims.
• Unsubstantiated health or performance claims in NYC ads. A NYC gym claims faster fat loss with a supplement without substantiation. advertisers must have reliable evidence for claims to avoid GBL 349/350 violations and potential penalties.
• Email campaigns that fail CAN-SPAM requirements. A NYC retailer sends promotional emails without an opt-out mechanism or a valid physical address, risking federal penalties and local enforcement actions.
• Door-to-door or in-store promotions with misleading price quotes. A NYC retailer advertises a price that is not available or misrepresents the discount, triggering false advertising provisions under GBL §350 and possible civil actions.
• Native advertising or sponsored content that hides sponsorship. A NYC media outlet runs paid endorsements without clear labeling, risking both FTC and NYC enforcement for deceptive practices.
• Data collection for digital advertising without proper security. Targeted ads based on user data may implicate privacy and data security obligations under NYC and state law, attracting regulator scrutiny if data is mishandled.

3. Local Laws Overview

New York City businesses must navigate a mix of state and local rules. Here are the core statutory and regulatory touchpoints most relevant to Advertising and Marketing in NYC:

• New York General Business Law Section 349 - Deceptive Acts or Practices. Prohibits misleading or deceptive acts or practices in the conduct of any business, trade, or commerce. Enforced by the New York State Attorney General and subject to private actions. This law is frequently cited in claims involving false or misleading marketing claims.
• New York General Business Law Section 350 - False Advertising. Prohibits the dissemination of false or misleading advertisements. It has broad application to print, online, and broadcast ads and is a common basis for enforcement actions and private suits.
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.) - Federal email marketing rules. Requires truthful header information, identifiable from line, opt-out mechanism, and a valid physical postal address. Violations can lead to federal penalties and enforcement actions against NYC businesses using email for marketing.
• New York City Department of Consumer and Worker Protection (DCWP) and NYC Administrative Code enforcement - Local consumer protection jurisdiction. DCWP enforces false advertising and deceptive practices within NYC, and residents may file complaints for city-level investigations and penalties. This local layer sits on top of state law for ads and promotions targeting NYC consumers.

“Advertising that is deceptive or misleading is unlawful under the FTC Act and is actionable under New York General Business Law sections 349 and 350.”

4. Frequently Asked Questions

Below are common questions about Advertising and Marketing law in NYC. They range from basic to advanced topics and are framed to fit practical scenarios you may face.

What is deceptive advertising under New York law?

Deceptive advertising involves claims that are likely to mislead a reasonable consumer about a product or service. In New York, it can violate GBL § 349 or § 350 and may be actionable by the state, a private plaintiff, or NYC regulators.

How do I know if my influencer campaign needs disclosures?

If an influencer is compensated or has a material connection to the product, disclosures must be clear and conspicuous. The FTC Endorsements Guides require disclosures to be obvious to the audience.

When must I use a private attorney rather than a generic advisor?

When you face potential liability for misleading ads, data collection or regulatory investigations, a specialized Advertising and Marketing attorney (solicitor) with NYC experience is advisable to protect your interests and manage enforcement risk.

Where can I file a complaint about false advertising in NYC?

NYC residents can file complaints with the NYC Department of Consumer and Worker Protection. State-level concerns can be directed to the New York State Attorney General.

Why is CAN-SPAM important for NYC email campaigns?

CAN-SPAM sets mandatory requirements for commercial emails, including opt-out mechanisms and truthful header information. Violations can trigger federal penalties regardless of the sender's location.

Can a local NYC business be sued for false advertising even if the ad ran elsewhere?

Yes. If the advertising targets NYC residents or is disseminated in NYC and the claims are deceptive, NYC regulators and private plaintiffs may pursue claims under state and local laws.

Should I conduct substantiation for all marketing claims?

Yes. Substantiation helps protect against claims of deception. The FTC requires reasonable evidence for claims that affect consumers’ decisions.

Do I need a specific license to advertise in NYC?

Most businesses do not need a separate advertising license to run ads, but certain regulated products (eg, dietary supplements, cosmetics) must meet regulatory standards and disclosures to avoid misbranding claims.

How much does it cost to hire an Advertising and Marketing lawyer in NYC?

Costs vary by firm size, complexity, and the attorney’s experience. Typical matters may be billed hourly or on a contingent basis for disputes. An initial consultation often has a fee, but many firms offer fixed-fee intake for a scope-of-work assessment.

What is the timeline for resolving a false advertising dispute in NYC?

Resolution timelines vary widely. A straightforward claim can take weeks to months for voluntary settlements, while formal regulatory action or litigation can span months to years depending on docket and complexity.

Do I need to update my ad practices after a regulatory action?

Yes. If a regulator or court finds issues with your advertising, you must implement corrective actions, update disclosures, or alter claims to comply with orders and guidance.

Is influencer marketing subject to both federal and state enforcement?

Yes. Influencer campaigns are subject to FTC guidelines and New York laws. Companies must align with federal disclosure rules and New York state consumer protection standards.

5. Additional Resources

These official resources provide authoritative guidance and regulatory authority on Advertising and Marketing matters in New York City and the United States:

• Federal Trade Commission (FTC) - Advertising and Marketing guidance, endorsements, and privacy and data security standards. https://www.ftc.gov
• New York State Attorney General - Consumer protection and enforcement actions related to false advertising and deceptive practices. https://ag.ny.gov
• New York City Department of Consumer and Worker Protection (DCWP) - Local enforcement of consumer protection, false advertising, and online marketing issues in NYC. https://www1.nyc.gov/site/dcwp/index.page

6. Next Steps

1. Define your issue and collect documents - Gather all ads, campaigns, influencer contracts, emails, and metrics. Include dates, claims, and substantiation you used to support them.
2. Identify a NYC-licensed Advertising and Marketing attorney - Look for lawyers with NY bar admission and demonstrated experience in GBL 349/350, FTC disclosure guidance, and digital advertising.
3. Schedule initial consultations - Prepare a concise summary of your issue, goals, and budget. Ask about experience with similar cases and enforcement matters.
4. Ask targeted questions during engagements - Inquire about strategy for influencer disclosures, CAN-SPAM compliance, and possible settlements or voluntary corrective actions.
5. Obtain a written engagement letter and fee structure - Confirm scope, hourly rates, retainers, expenses, and timelines before work begins.
6. Review substantiation and risk exposure - Have your attorney assess the strength of claims, potential regulatory risks, and possible defenses.
7. Implement corrective actions if needed - If advised, adjust ads, add disclosures, or modify campaigns to align with legal requirements and regulator guidance.