FacultyFaculty/Author Profile

David G. Mallen

Council of Better Business Bureaus, Inc.
Assistant Director for Legal Affairs, National Advertising Division
New York, NY, USA

Partner and Co-Chair, Advertising Disputes

David Mallen focuses his practice in the areas of advertising and consumer protection law. He represents marketers from a variety of industries in connection with national advertising campaigns, analysis of claim substantiation issues, and resolution of advertising disputes. Mr. Mallen is an experienced trial lawyer with expertise representing clients in all phases of litigation in state and federal court and in alternative dispute resolution. As former Deputy Director of the National Advertising Division (NAD) of the Council of Better Business Bureaus, Mr. Mallen has extensive inside experience working with advertisers to both defend and challenge claims before the NAD and other industry self-regulatory and regulatory bodies.

Mr. Mallen has particular expertise providing legal guidance to the industry on the advertising of food and beverages, OTC drugs, telecommunication services, consumer household products, dietary supplements, and information technology. In addition to counseling clients on these issues, he is also a popular speaker and lecturer at conferences and workshops on advertising claim substantiation, U.S. standards for industry self-regulation, sustainability and green marketing, and scientific sensory testing.

Practice Areas

Advanced Media and Technology
Advertising Disputes
Advertising and Promotions
Marketing and Advertising Regulatory
Consumer Protection Defense
Health and Wellness Marketing Compliance Task Force

Prior Experience

Prior to joining Loeb & Loeb, Mr. Mallen served as the Deputy Director of the National Advertising Division (NAD) of the Council of Better Business Bureaus. In his role at NAD, Mr. Mallen oversaw a substantial portion of the legal work and reviewed and wrote decisions on advertising covering a wide range of industries. He also previously served as a litigator at the former law firm of Kensington and Ressler, where he specialized in commercial litigation and product liability defense.


  • Speaker, Advertising “Natural,” American bar Association Section of Antitrust Law (February 12, 2014)
  • Author, Private Governance of Green Claims in the Marketplace: The Role of NAD and Advertising Self-Regulation (February 2014)
  • Speaker, Entering the Marketplace: Public & Private Product Regulation at Home and Abroad - Product Marketing (December 12, 2013)
  • Author, How FTC Is Cracking Down On Environmental Ad Claims (December 9, 2013)
  • Speaker, ACI's Second Annual Legal, Regulatory and Compliance Forum on Over the Counter Drugs (October 29-30, 2013)
  • Co-author, How to Make Credible Green Marketing Claims, Advertising Age (September 2013)
  • Co-author, ABA Section on Antitrust, Consumer Protection Law Developments, Chapter on Self-Regulation (2009)
  • Speaker, NAD Conference, "Hot Topics in Advertising Self-Regulation" (September 30, 2013)
  • Speaker, ASRC and ELI Summit on Private Environmental Governance, "Avoiding a Red Card with Green Claims" (June 10, 2013)
  • Speaker, ABA Section of Antitrust Law Spring Meeting, "Seals of Approval: Consumer Protection and Antitrust Implications" (April 11, 2013)
  • Speaker, Association of National Advertisers, "FTC Green Guides: What Marketers Need To Know" (December 13, 2012)
  • Speaker, ABA Social Media Series, "Advertising Self-Regulation and Social Media" (November 16, 2012)
  • Speaker, PMA Marketing Conference, "Environmental Marketing – Greener Pastures?" (November 14, 2012)
  • Speaker, Intellectual Property Owners (IPO) Association Annual Meeting, "Hot Topics - A Review of Recent National Advertising Division Cases" (September 11, 2012)
  • Speaker, Understanding the Legal Issues in Social Networking Webcast (February 8, 2012)
  • Speaker, Association of Corporate Counsel, Technology and IP Forum: Gaining the AD*vantage – When Your Competitors (Or Your Own Marketing Dept!) Cross the Line With New Ads (November 30, 2011)


  • Member, American Bar Association, Vice Chair of the Private Advertising Litigation Committee
  • Former Member, Product Liability Committee, Association of the Bar of the City of New York


Albany Law School, J.D.
Cornell University, B.S.

Bar Admissions

New York, 1993

Court Admissions

U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York


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