Frankfurt Kurnit Klein & Selz

Holly A. Melton is a partner in the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ranked in Chambers USA, The Legal 500, and Best Lawyers for her advertising litigation, regulatory, and transactional expertise, Ms. Melton has represented well-known consumer brands in litigation and in FTC, state, and local law enforcement investigations for more than 20 years. She maintains an active counseling practice as well, regularly advising companies on a wide range of advertising and marketing issues, and helping clients set up proactive compliance programs for their inhouse legal and marketing teams.

Ms. Melton’s expertise encompasses virtually all aspects of advertising and marketing compliance, including comparative advertising, advertising claims and substantiation, privacy and data security, price and discount advertising, automatic renewals and influencer programs. She regularly advises clients on compliance with the FTC Act and related guidance, including the Green Guides, the Guides Concerning the Use of Endorsements and Testimonials in Advertising, the .com Disclosures guidance, and the Enforcement Policy on Deceptively Formatted Advertising. Ms. Melton also regularly advises clients on the Made in USA Rule, the Mail Order Rule, the Telemarketing Sales Rule (TSR), and the Textile Fiber Products Identification Act and Rules.

Ms. Melton is an experienced trial lawyer who can handle every phase of litigation in both state and federal courts. She brings and defends false advertising cases, and defends consumer class actions. She has developed expertise in helping design and implement consumer perception surveys, evidence upon which false advertising disputes often turn. Ms. Melton also has substantial experience initiating and defending competitive challenges before the National Advertising Division of the Council of Better Business Bureaus (NAD)—a cost-effective alternative to litigation.

Ms. Melton’s extensive litigation and NAD experience informs her counseling practice and makes her a valued advisor in a wide range of advertising and marketing matters. Well known consumer brands regularly call on her to navigate knotty compliance and drafting questions.

Ms. Melton’s recent representative work includes:

• resolving an FTC investigation on behalf of a global retailer involving allegations that rayon products were advertised as containing bamboo and having properties associated with bamboo, including environmental benefits;
• obtaining a closing letter from the FTC in connection with an investigation into Made in USA claims;
• negotiating the favorable resolution of an FTC enforcement proceeding involving Made in USA claims on behalf of a consumer products company;
• defending a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA;
• resolving an FTC enforcement proceeding against a VOIP telecommunications provider alleging TSR violations;
• litigating a Lanham Act false advertising case against a major alcoholic beverages company based on a competitor’s Super Bowl commercial;
• defending a large telecommunications company in a Lanham Act false advertising litigation initiated by a competitor;
• defending and settling a putative class action alleging non-compliance with California’s automatic renewal law;
• settling a putative class action on behalf of a well-known apparel company alleging false advertising and unfair competition regarding the labeling of textile items;
• settling a putative class action on behalf of an EU-based snack foods company with U.S. operations alleging false advertising and unfair competition regarding packaging of a grocery item;
• initiating and defending numerous NAD challenges and NARB appeals on behalf of a major telecommunications company involving advertising claims;
• successfully challenging a popular advertising campaign for a veterinary pharmaceutical product on behalf of the manufacturer of a competing product, including an appeal to NARB;
• successfully challenging an advertising claim for a tax preparer against a competitor touting a #1 rated claim based on evidence that merely measured the number of reviews.

A thought leader, Ms. Melton regularly speaks and writes on advertising and marketing law hot topics, and is a member of the Antitrust Law Consumer Protection Section of the American Bar Association. She also devotes time to pro bono cases. For example, she has assisted a non-profit organization in protecting voting rights. She has also helped draft an Abuse and Molestation Prevention Policy for a youth development organization, and represented a Venezuelan individual seeking asylum due to abuses based on his sexual orientation.

Prior to joining Frankfurt Kurnit, Ms. Melton was the Co-Chair of the Advertising and Brand Protection Group at Crowell & Moring.