The Threat of False Advertising Claims During COVID-19 Crisis: Orrick IP Partners Outline Steps Businesses Can Take to Minimize Risk

Bloomberg Law | April.29.2020

In this Bloomberg Law article, partners Caroline Simons and Sheryl Garko set out the seven practical steps business leaders and GCs can take to minimize risk against false advertising and fraud claims as they mobilize to provide critical goods and services during the COVID-19 crisis.

Caroline and Sheryl, members of Orrick’s IP litigation practice, note that companies ranging from liquor distilleries to apparel manufacturers and automakers are changing business operations and what they produce to help frontline workers and those staying at home. In addition, other essential businesses such as airlines, grocery chains and others have taken measures to protect employees and customers.

As a result, any representation a company makes about such steps opens up the risk of allegations of false advertising, they write. The article provides guidance on the basic steps businesses can take to insulate themselves against such claims, ranging from a thorough vetting process to ensuring representations have enough cushion to accommodate future changes in circumstances.