With prominent speakers from the Federal Trade Commission and National Advertising Division of the Better Business Bureau, the 37th Annual Brand Activation Association Marketing Law Conference provided a unique opportunity to hear right from the source about the latest developments in marketing and advertising law. It also provided insight from industry experts on how to navigate the path forward in an era where digital technology and social media platforms are playing an increasing role in all aspects of marketing and advertising.  Interesting questions that were discussed included the following:  Can companies take action against someone for making a negative review of a purchase through contractual provisions?  Does your text messaging program comply with the TCPA requirements? Can companies hire contractors to “boost” their rating with positive reviews?  Other interesting topics of discussion included the FTC Endorsement Guidelines and the duty of disclosure, Digital Advertising Compliance Guidelines, the pending Consumer Review Freedom Act, the new FDA Rule on Menu Labeling, the tension between FDA and FTC regulations as they relate to homeopathic medicines.

In addition to the topics above, Fish & Richardson principal Jay Newman hosted an engaging discussion about the recent developments in fantasy sports and how they interface with relevant regulations. Daily Fantasy Sports games have come under unprecedented scrutiny from federal (FBI, DOJ, Congress, etc.) and state (AGs, legislatures, etc.) officials. Not only is this having a tremendous impact on game providers like DraftKings and FanDuel, but it is impacting their investors (such as professional sports leagues, team owners, media companies) and sponsors. Read our overview of what is happening with Daily Fantasy Sports here.