Holly A. Melton

Regarding the counseling aspect of her practice, Holly advises clients on compliance with Section 5 of 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, which governs native advertising. Holly also counsels clients regarding compliance with various FTC rules including the Made in USA Rule, the Restore Online Shoppers' Confidence Act (ROSCA), the Mail Order Rule, the INFORM Consumers Act, the Telemarketing Sales Rule (TSR), and the Textile Fiber Products Identification Act and Rules. In addition, Holly helps clients ensure that their advertising claims are appropriately substantiated and include all necessary disclaimers. This often requires delving into complicated scientific testing and raising issues that have been the subject of prior disputes she has handled. She also advises clients on compliance with state laws governing advertising and marketing practices, including state automatic renewal laws and Unfair and Deceptive Trade Practices statutes.

Holly approaches her counseling practice with a unique perspective because she has also handled a large number of advertising disputes. Specifically, Holly has substantial experience with initiating and defending competitive challenges before the National Advertising Division of the Council of Better Business Bureaus. She also has significant expertise in initiating and defending advertising disputes in state and federal court, including Lanham Act false advertising litigation and consumer class actions. Oftentimes, these disputes require consumer perception surveys. Holly has a great deal of experience in helping to craft and interpret the results of these types of surveys.

Placing high value on understanding clients' businesses, Holly stays abreast of client industry developments, as well as those in the fast-paced advertising industry. She is a member of the Antitrust Law Consumer Protection Section of the American Bar Association and the New York City Bar Association. She also regularly speaks on hot topics pertaining to advertising and marketing issues. In addition to her busy advertising practice, Holly devotes time to pro bono cases. For example, she has assisted a non-profit in protecting minority voting rights. She has also helped draft an Abuse and Molestation Prevention Policy for a youth development non-profit. Holly also represented a Venezuelan individual seeking asylum due to abuses suffered in his country of origin based on his sexual orientation.

Holly is a co-chair of Crowell & Moring’s Advertising and Brand Protection Group, a member of our firm’s ESG Advisory Group, and a partner in the New York office.