Kelley Drye

Attorneys & Professionals 

Lewis Rose

Partner Email vCard
New York
Phone: (202) 342-8821
Fax: (212) 808-7897

Lew Rose serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee. Mr. Rose also served as managing partner of the Washington, D.C. office and past chair of the Advertising and Marketing practice group. Under his leadership, the group received a Tier 1 ranking in the “Advertising Law–National” and “Advertising Law–D.C.” categories in the 2010-2011 and 2011-2012 “Best Law Firms” studies published by U.S. News and Best Lawyers.

Named Washington D.C.’s Advertising “Lawyer of the Year” by Best Lawyers® in 2014, Mr. Rose’s practice is focused on consumer protection, advertising and consumer product safety law. He represents clients before federal and state law enforcement agencies and self-regulatory bodies, such as the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Mr. Rose’s extensive experience is marked by his representation of numerous clients in high-profile investigations by the Federal Trade Commission (FTC), including enforcement actions involving the substantiation of advertising claims, compliance with trade regulation rules, and a broad spectrum of marketing practices. He also represents clients across all product categories in many state attorney general proceedings.

Co-author of a treatise on advertising law, Mr. Rose advises on all phases of marketing products, including advertising, credit, direct response, telemarketing, franchising and warranty issues. He also counsels clients regarding advertising, marketing, electronic commerce and intellectual property issues with respect to interactive and online services and related technology. Ranked nationally as a leading practitioner in the Advertising Litigation area by Chambers USA, Mr. Rose is noted as having “outstanding technical industry knowledge” and is “practical, responsive, efficient and fun to work with.”

Prior to entering private practice, Mr. Rose served as an attorney with the FTC, where he focused on the enforcement of FTC trade regulation rules and orders, civil penalty actions and consumer redress actions. He subsequently worked as an assistant to the director of the FTC Bureau of Consumer Protection on the development of law enforcement actions regarding advertising, marketing and credit practices. Mr. Rose also served as an attorney advisor to FTC Commissioner Terry Calvani, where he advised on all aspects of the FTC’s jurisdiction, including proposed law enforcement actions, as well as legislative and regulatory proposals.

Representative Experience

Represent a manufacturer in a series of class actions alleging that the manufacturer assisted and facilitated independent retailers to violate the Telephone Consumer Protection Act by calling consumers on state “Do Not Call” lists.

Represent Gerber Products Co. in a lawsuit filed by the FTC alleging that certain claims for Gerber Good Start infant formula violated Section 5 of the Federal Trade Commission Act.

Represent Gerber Products Co. in a putative class action lawsuit piggybacking on the FTC lawsuit described above.

Represent UCI-FRAM Group in trade dress and patent litigation against ITW Corp., South/Win and SC Johnson.

Represent DISH Network in a lawsuit filed by the FTC and four state attorneys general alleging that DISH violated the Telemarketing Sales Rule and Telephone Consumer Protection Act.

Represented Purina Products in a NAD challenge alleging that Mars Pet Food made unsubstantiated claims for DentaStix pet treats.

Represent a technology company in a NAD challenge regarding comparative performance claims.

Represent a manufacturer in a class action alleging unlawful recording of a customer service telephone call in violation of California law.

Represent a money transfer company in an investigation by 44 state attorneys general regarding the effectiveness of the company’s anti-fraud program.

Represented The Sherwin-Williams Company in resolving an FTC investigation into “no-VOC” environmental marketing claims.

Represented two internet start-ups in FTC investigations regarding whether their apps had clear and conspicuous disclosure of address book and other data sharing capabilities.

Represented the maker of an over-the-counter allergy drug in a NAD challenge regarding comparative onset-of-action claims.  The NAD ruled in favor of our client on all material points.

Counsel to multinational consumer product companies, including Blyth, Citrix Online, Deluxe, Dick’s Sporting Goods, Dish Network, Dun & Bradstreet, Home Depot, Honeywell Consumer Products, Jenny Craig, Nike, Sherwin-Williams and Trane regarding compliance with federal and state consumer protection and product safety laws, including the Video Privacy Protection Act.

Represented equity funds by providing due diligence consumer protection regulatory advice with respect to acquisition targets.

Represented an online retailer in an FTC investigation regarding compliance with the Mail and Telephone Order Rule.

Represented a wireless carrier in an investigation by the Florida and Tennessee Attorneys General into third-party mobile marketing advertising campaigns.

Represented a consumer electronics company in an FTC investigation of credit financing advertising practices.

Represented a consumer electronics company in an FTC investigation of rebate practices.

Represented Craftmatic in an FTC investigation alleging violation of “Do Not Call” rules.

Represented Trane in challenging advertising claims by Goodman Global, Inc. before the NAD, which found, as Trane had argued, that Goodman failed to disclose material limitations of its warranty terms.

Represented Goal Financial, LLC in an FTC investigation alleging failure to safeguard certain sensitive consumer information, and therefore misrepresenting its security practices.

State of New York v. Gratis Internet, Inc. (N.Y. Sup. Ct. 2007): Defended Gratis Internet in a lawsuit initiated by the Attorney General of the State of New York alleging breach of privacy policy.

Professional Activities

Journal of Internet Law, editorial board member

Honors & Awards

Named 2014 D.C. Advertising “Lawyer of the Year” by Best Lawyers®.

The Best Lawyers in America© (Woodward/White, Inc.), Advertising Law and Information Technology Law, 2001-2017.

Recognized as a leading attorney in First Amendment/Media/Advertising practice area by Washington D.C. Super Lawyers, 2013-2016.

Ranked nationally as a leading practitioner by Chambers USA in the Advertising: Litigation area, 2010-2016 and the Advertising: Transactional and Regulatory area, 2014-2016.

Recognized by US Legal 500 as one of the leading lawyers in the areas of Marketing and Advertising, 2008-2016, and Data Protection and Privacy, 2013-2014.

Print PDF

December 2013

Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide

Food and Drug Law Institute Resources


June 27, 2013

Advertising and Privacy Law Summit

New Technology, New Practices and the Changing Law