Marketing and Consumer Law

The field of marketing and consumer law is constantly evolving, driven by globalisation and changes in user habits and technology. This evolution leads to shifts in the legal framework, particularly with an increased focus on strengthening consumer rights

We possess market-leading expertise in marketing and consumer law, coupled with extensive industry knowledge, to provide your business with tailored, up-to-date, strategic, and constructive legal advice.

All businesses that market their goods and/or services or engage in other forms of market communication must adhere to marketing rules of both a general and industry/product-specific nature. The complexity of these regulations has increased, partly due to digitisation and a focus on consumer protection, sustainability, and greenwashing. Concurrently, the size of infringement fees has risen, underscoring the importance of regulatory compliance.

We assist your business in finding solutions that align with the rules. Our services include ensuring that marketing, end-user conditions, and services comply with regulations. We also facilitate dialogue and strategy with public supervisory authorities such as the Consumer Council, the Consumer Authority, and the Market Council.

Rapid technological development and globalisation are intensifying competition in business, increasing the demand for strategic advice on protecting intellectual property rights, trade secrets, and enforcing against product imitations, misleading information, unfair competition, and breaches of good business practices. Wiersholm’s team has specialised expertise in providing businesses with such advice, enforcement, and litigation support.

Our marketing and consumer law team collaborates closely with the firm’s other specialists on matters requiring multidisciplinary expertise, including privacy, life sciences and food, M&A, and dispute resolution. We stay abreast of legal developments in marketing law, including legislative changes in Norway and the EU, as well as practices from Norwegian courts, the European Court of Justice, the Norwegian Competition Authority, and relevant supervisory authorities such as the Consumer Authority and the Market Council, along with European consumer authorities.

Our Services

Assistance with rules on direct marketing, price marketing, comparative advertising, good business practices between businesses, and commercial practices towards consumers
Drafting and negotiating contracts, such as collaboration agreements, sponsorship agreements, advertising agreements, license agreements, production agreements, and distribution agreements
Enforcement of rights, including intellectual property rights infringements and illegal imitations
Strategic advice to optimize the protection, enforcement, and exploitation of rights
Development of routines to comply with marketing and consumer regulations
Guidance on compliance with consumer protection rules in the Right of Withdrawal Act, the E-Commerce Act, and the Digital Services Act
Advice on online marketing, advertising technology (adtech), use of cookies, and electronic communication
Advice on compliance with regulations regarding environmental, health, and nutrition claims
Guidance on marketing campaigns, including price and sales marketing, comparative advertising, and social media marketing
Guidance on operating, sales, and marketing licenses, including those related to gaming and pharmaceuticals
Assistance with marketing and consumer regulations in connection with acquisitions, mergers, and other transactions
Assistance with inspections, decisions, and complaints from the Norwegian Consumer Authority, the Consumer Council, the Norwegian Directorate of Health, the Market Council, the Food Industry’s Professional Committee, the Competition Committee, and disputes before the courts

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