In today’s competitive marketplace, differentiating from your competitors is essential to the success of your business. Accomplishing that requires marketing and advertising your products or services effectively, without losing sight of your legal responsibility to comply with legal obligations, which include truthful and verifiable advertising claims, non-deceptive or non-misleading statements, and abiding by fair competition rules.

The laws, rules and regulations pertaining to the prevention of consumer harm potentially impact many areas of your business, for example: what and how you promote your business; how you label your products; what you say about your competitors; how you conduct email and telemarketing campaigns; how you engage social media platforms; how you use sales offers, rebates, raffles, sweepstakes and contests; how you handle your customers’ personal data; and even how you advertise to children.

At Arochi & Lindner, we counsel marketers, brand managers, advertisers, agencies and broadcasters on all the legal aspects of the marketing spectrum from conception to execution, covering branding, labeling, promotion, advertising, affiliate marketing, data protection, public relations, media buying, entertainment-related agreements, sponsorships, public events and celebrity endorsements. We also advise on marketing strategies and ensure that clients’ advertising and marketing claims, representations and methods of communication do not violate the law. In addition, we facilitate transactions (negotiations and documentation), as well as litigate administrative decisions that affect advertisers’ interests. In case a problem arises, we fight to protect your interests in advertising, regulatory or business and consumer class action litigation. Our commitment to effective solutions, together with our legal knowledge, experience, creativity and innovative approaches, make us the cutting-edge partner that creative marketers need.

Advertising clearance

We provide legal advice to ensure that the advertising messages, accurately and truthfully, represent the advertised goods and services and comply with the federal laws, advertising standards and requirements of self-regulatory bodies. Our service starts early on in the creative process reviewing the pre-production script or copy and continue clearing the ads prior their distribution, via any marketing channel, including advising on timing restrictions.

Marketing claims clearance

We provide legal advice to ensure that the marketing claims comply with the federal laws, advertising standards and requirements of self-regulatory bodies. We assist our clients in verifying claims as well as compiling, structuring and reviewing ad substantiation documentation for product claims.

Packaging and labeling counseling

We provide legal counseling to manufacturers, packers, distributors and retailers to help ensure that food, drugs, cosmetics, medical devices and other consumer commodities they place on the market are labeled to disclose all the required information to prevent misleading information or deception of consumers and to facilitate value comparisons according to federal laws and regulations.

Sweepstakes and contests counseling

We help ensure the structural integrity of local, national, and international sweepstakes and contests in order to comply with advertising regulations. Our service includes advising on methodology; reviewing promotional copy; drafting the rules, disclosures, terms and conditions; advising on privacy and data collection concerns; preparing winner affidavits and releases; drafting prize fulfillment agreements and processing the required permits with the appropriate governmental entities.

Digital advertising and marketing counseling

We provide legal advice to digital agencies, web publishers, marketing affiliates, advertisers, and online entrepreneurs relating to e-commerce and digital marketing such as email marketing campaigns, mobile telemarketing campaigns, online advertising content and structure.

Marketing contracts

We draft and negotiate solid, thorough, and legally binding marketing-related business contracts such as licensing and sublicensing agreements; nondisclosure and confidentiality agreements; entertainment-related agreements; sponsorship agreements, contest management and joint promotions; advertising agency, promotions agency, media buying, vendor and supplier agreements and freelance agreements; licensing agreements for broadcast rights, cable, and major broadcast network agreements along with agreements for music licensing, talent licensing, image, and product licensing.

Advertising and marketing litigation

We act on behalf of plaintiffs and defendants in a wide array of business and contract disputes involving advertising, promotional and marketing matters related to unfair competition and unfair business practices, deceptive trade practices, false advertising, licensing agreement disputes, breach of contract claims and breach of marketing agreement claims. We conduct a thorough analysis to identify the case’s strengths and weaknesses to determine the most effective means of achieving a favorable resolution for our clients.

Data privacy and protection

We help develop and implement privacy policies and practices that comply with data security and privacy requirements, including domestic and international laws, as well as industry standards to collect, storage and use costumer information for both, big data and permission marketing purposes covering Internet marketing and direct marketing initiatives like direct mail or email campaigns, SMS campaigns, newsletters, blogs and RSS, on top of affiliate and customer loyalty programs.

In Mexico there is not a specific or unique advertising code. Advertising regulation is dispersed through several laws that are applicable by different authorities, each in its own sphere of competence. Thus, the applicable law, regulation and standards will depend on the kind of products or services to be advertised.

Moreover, the advertising of some industries of the consumer goods sector and the healthcare sector such as food, non-alcoholic and alcoholic beverages, cigarettes, tobacco, as well as drugs, medical appliances and equipment are specifically regulated. All of the above creates a panorama

of ambiguity with regard to the relevant authority to hear the case, the applicable law and the proceeding to follow.

Our Mexico office, country member of the prestigious Global Advertising Lawyers Alliance (GALA), provides the certainty and legal guidance necessary to enhance your advertising and promotional marketing efforts while minimizing the risk of competitor challenges and regulatory investigations relating to allegations of deceptive advertising. In case a problem arises, we are effective legal advocates who will fight to protect your interests in advertising litigation, regulatory litigation, and business and consumer class action lawsuits.