Experience

Swiss Precision Diagnostic GmbH (SPD)

We represented Swiss Precision Diagnostic GmbH and its Clearblue brand in securing the dismissal with prejudice—and affirmance on appeal—of a putative consumer class action against every major manufacturer of at-home ovulation test kits on the US market. Plaintiffs alleged that labels referencing “ovulation test kit” and “99% accurate” were false and misleading, but the courts found the packaging would not mislead consumers as a matter of law

The Procter & Gamble Company 

We represented The Procter & Gamble Company and its Pampers brand in two separate challenges before the NAD to competitors’ claims for competing diaper brands. In both challenges, the NAD recommended that the competitors discontinue all of the remaining false and misleading comparative performance claims that the advertisers had not already voluntarily abandoned

Meta

We successfully defended a campaign by Meta for its WhatsApp brand before the NAD and NARB, defeating in its entirety a challenge brought by a telecommunications industry group to a WhatsApp commercial that conveyed to consumers the privacy threat of communicating via SMS messaging 

T-Mobile

We represented T-Mobile USA in a successful NAD challenge—affirmed by the NARB—to the name “Xfinity 10G” for a competitor’s new network. The NAD found, and the NARB agreed, that the use of “10G” in the product name was false and misleading because it communicated that the network provided subscribers with 10 Gbps speeds when that was not so

Kenvue

We represented Kenvue and its Children’s Tylenol brand in a successful NAD challenge—affirmed by the NARB—to a competitor’s false and misleading pediatrician recommended claim and disparaging comparative ingredient claims

Johnson & Johnson

We represented Johnson & Johnson and its Acuvue brand in a Lanham Act false advertising litigation against a competing contact lens manufacturer, securing a permanent injunction that enjoined certain comparative health claims, as well as a damages award before a jury for willful false advertising

Key contacts

Norman C. Simon photo

Norman C. Simon

Partner, Head of Advertising Disputes, US, and Head of Class Actions, US, New York

Neil Blake photo

Neil Blake

Partner, Head of Sport, London and Africa Group