Defending The Blitzkrieg Bop: Issues In Multi-Forum Advertising Challenges

Multifront wars are never easy, as the Germans discovered when they invaded Russia.  Many advertisers and marketers of consumer products are feeling the pain these days of waging war on multiple fronts against those alleging that their claims are false or unsubstantiated.  A company could be required to respond to a FTC investigation, defend the same campaign in a hearing before the NAD, comply with simultaneous investigation requests brought by states attorneys' general, and argue the merits of the advertising campaign in plaintiffs' class action litigation – all in an overlapping time frame and each resulting from the same advertisement.

There have been battles fought and won or lost along the way – Nestle's recent successful defense of a follow-on FTC class action and the recent debate over whether to accept settlements with a denial of liability are examples of both.  However, an end to multifront advertising wars is nowhere in sight.