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Advertising

SEC Issues Risk Alert on the Most Frequent Advertising Rule Compliance Issues and Use of Accolades in Advertisements

by Proskauer Rose LLP on

I. Advertising Rule Compliance Issues - On September 14, 2017, the staff of the SEC's Office of Compliance Inspections and Examinations (OCIE) issued a National Examination Program Risk Alert on the most frequent advertising...more

Break Me Off a Piece of That Infringement Lawsuit

Did Nestle’s recent advertising campaign for Kit Kat infringe the intellectual property rights of Atari? According to the video game company, ads for Kit Kat used one of its first games, Breakout, to illegally promote the...more

It’s About Context: CFPB Wins Bench Trial Against Third Party Servicer for Deceptive Advertising

by Goodwin on

On September 8, 2017, a judge in the Northern District California assessed a statutory penalty of $7,930,000 against Nationwide Biweekly Administration, Inc. (Nationwide) and issued an injunction prohibiting further deceptive...more

NAD Addresses “Best Selling” Claims

by Kelley Drye & Warren LLP on

Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first claim...more

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s...more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

by Reed Smith on

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media...more

SEC Issues Guidance on Investment Adviser Advertising Rule

by Dorsey & Whitney LLP on

On September 14, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a new Risk Alert outlining the most frequent compliance issues relating to Rule 206(4)-1 (the “Advertising Rule”) under the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Fed’s Open Markets Committee will wrap up meetings tomorrow, and it’s expected [markets be ready] to avoid a rate hike but reveal the beginning of a measured shrinking of the Fed’s $4.2 trillion mortgage/Treasury bond...more

IBA Self-Regulatory Principles at Center of BBB Decision

by Reed Smith on

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to...more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

Opening the door for product placement in Hong Kong?

by Hogan Lovells on

On 4 September 2017, the Communications Authority of Hong Kong (“CA“) announced that it will review the relevant provisions in the codes of practice governing indirect advertising and product/service sponsorship (commonly...more

CFPB Secures $7.9 Million Trial Verdict Against Mortgage Loan Servicer

by Goodwin on

On September 8, a federal judge in California ordered a national mortgage services company to pay a $7.9 million civil penalty based on false or misleading marketing statements it allegedly made to consumers about its...more

The Latest Influencer Advertising Tips from the FTC – When, How & Where to Make Effective Disclosures

by Dorsey & Whitney LLP on

As we blogged about earlier this month, the FTC seems to have spent much of its summer checking out influencer advertising and focusing its attention on those who fail to make the necessary disclosures of material connections...more

SEC Publishes New Guidance on Investment Adviser Advertising

by Liskow & Lewis on

The SEC published new guidance on RIA advertising yesterday in a National Exam Program Risk Alert dated September 14, 2017. The Risk Alert is entitled “The Most Frequent Advertising Rule Compliance Issues Identified in OCIE...more

FTC Settles Social Media Influencer Investigation With CSGO Lotto

On Sept. 7, 2017, the Federal Trade Commission (FTC) made public its settlement with YouTubers Trevor “TmarTn” Martin, Thomas “Syndicate” Cassell and their company CSGOLotto, Inc. (“Respondents”), over allegations of multiple...more

SEC Identifies Most Frequent Compliance Issues Associated with Advertising by Investment Advisers

The SEC’s Office of Compliance Inspections and Examinations has provided a list of compliance issues relating to Rule 206(4)-1, which is referred to as the Advertising Rule, under the Investment Advisers Act of 1940. In...more

Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as...more

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

by Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

NARB Finds Something Smelly About Trash Bag Claims

The National Advertising Review Board (NARB) threw out Reynolds Consumer Products’ pricing claims for Hefty Ultra Strong trash bags, finding that the advertiser conveyed an unsupported line claim and lacked substantiation....more

AD-ttorneys@law

by BakerHostetler on

Abbott Nutrition did something unique. It added a new ingredient to its Similac Pro-Advance and Pro-Sensitive infant formulas that, until now, had only been available in human breast milk: 2’-fucosyllactose human milk...more

Ethics and Advertising: A compilation of North Carolina rules and opinions

by Nexsen Pruet, PLLC on

This paper is a compilation of the North Carolina State Bar rules and opinions on ethics and advertising. As with all other areas governed by the North Carolina State Bar, rules change and additional opinions are...more

Sarah Palin v. The New York Times - Six Lessons for Public Figures in Defamation Cases | Sands Anderson

by Sands Anderson PC on

Former Alaska Governor Sarah Palin and the New York Times don’t much like each other. So much so that Palin sued the Times for defamation. Her claim stemmed from a Times editorial that wrongly linked her political action...more

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