Marcus is a leader in the Advertising Bar with decades of FTC-related and law firm experience.
McLean, VA – Phyllis Hurwitz Marcus, a national leader in the advertising bar with decades of experience both working at and practicing before the Federal Trade Commission (FTC), most recently as a partner at a major law firm, was named as Vice President, BBB National Programs’ National Advertising Division. Eric D. Reicin, President and CEO, BBB National Programs made the announcement.
In this leadership role, which is effective immediately, Marcus will lead a team of attorneys and professionals at BBB National Programs’ National Advertising Division, holding national advertising across all media types to high standards of truth and accuracy by reviewing truth-in-advertising challenges from businesses, trade associations, consumers, or on its own initiative.
The National Advertising Division and its appellate body, the National Advertising Review Board, were founded in 1971 as a system of independent industry self-regulation to build consumer trust in advertising and support fair competition in the marketplace. Through its work, thousands of misleading advertising claims have been removed from the marketplace and the National Advertising Division’s case decisions represent the single largest body interpreting advertising law in the country.
“I am thrilled to welcome Phyllis Marcus to serve this important leadership role at BBB National Programs, where businesses go to enhance consumer trust and consumers are heard,” said Reicin. “Our National Advertising Division is the longest running of our more than 20 independent industry self-regulation programs, and Phyllis’ distinguished career as a leader in advertising and privacy law sets her up well to lift our program to even greater impact, in particular during this unique era of opportunity for industry self-regulation.”
Recognized as a Leader in Advertising: Transactional & Regulatory by Chambers USA (2021-2024), one of the Top 10 Advertising: Transactional & Regulatory Lawyers in the USA, Business Today (2023), and a Media and Advertising Law Trailblazer by The National Law Journal (2023), Marcus comes to BBB National Programs from Hunton Andrews Kurth, LLP, where as a Washington, DC-based partner she led the firm’s Advertising Compliance and Counseling team, focusing her practice on understanding and meeting the clients’ advertising needs from the initial development of a claim to its ultimate defense in the marketplace. Marcus also led the Children’s Privacy practice at Hunton.
Now, Marcus will bring her expertise to the nonprofit world, leading BBB National Programs’ National Advertising Division, the advertising industry’s widely recognized watchdog.
“Advertising’s purpose is to engage consumers and help them make informed purchasing choices,” said Marcus. “While advertising builds consumer trust, and is often impactful, creative and fun, it can also cross the line, tilting away from fair competition towards deception. BBB National Programs’ National Advertising Division is the first line of defense in applying clear advertising standards and efficiently promoting fair competition in the marketplace. I am excited to be able to guide our critical, credible work maintaining truth in advertising.”
Prior to joining Hunton in 2015, Marcus served for 17 years at the FTC, where she was Chief of Staff for Advertising Practices and leader of the FTC’s children’s privacy regulatory and enforcement program. While at the FTC, Marcus oversaw the agency’s advertising workload; led investigations into deceptive health and safety claims, product endorsements, and disclosures; and handled congressional testimony regarding FTC advertising initiatives.
Marcus is a frequent author and sought-after speaker on advertising and children’s privacy issues, including their intersection with other areas of law such as the internet and social media and the metaverse and AI. She has spoken at conferences across the country and been interviewed numerous times by media outlets.
Marcus is a magna cum laude graduate of the University of Pennsylvania and earned her juris doctorate, cum laude, from the University of Michigan Law School. Earlier in her career, she clerked for the Honorable John C. Eldridge of the Supreme Court of Maryland, was a litigation associate at a major law firm, and legal director for a prominent foundation.
Learn more about the National Advertising Division here.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and promoting fair competition for business.
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