Advertising

News & Analysis as of

Self-Regulatory Authorities Police Online Ad Industry in Another Sweep

Interest-based advertising (IBA), also known as behavioral advertising, creates profiles of consumers based on their online activities over time and across services, and uses them to send consumers relevant, targeted ads. To...more

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

Maker’s Marketing: Bourbon Distiller Racks up “Handmade” False Advertising Victory

In a decision that will interest distillers and hipster connoisseurs of artisanal beverages alike, a district court in the Northern District of Florida has decided that Maker’s Mark can describe its whiskey as “handmade”...more

“Age Defying” Make-up Case Only Partially Defies Preemption

Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should merely be monuments to smiles. Those platitudes do...more

Will The FTC Issue Native Advertising Guidelines in 2015?

As we previously reported last year, native advertisements represent an increasingly popular and effective means of promotion for marketers that also presents a major challenge for the Federal Trade Commission (“FTC”), an...more

There’s No Such Thing As a Free Sample

Social media allows users to effortlessly communicate globally with nothing more than a few keystrokes. Advertisers have harnessed the power of social media bloggers and incorporated it as a key component of their...more

Mobile Privacy Rules to Be Enforced Starting September 1, 2015

All businesses acting in the mobile ecosystem—including app developers, analytics companies, advertising networks, app platform providers, and providers of devices and related services—should be aware that the Digital...more

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

Privacy Monday – May 18, 2015

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to...more

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data...more

Dealer Advertising: No More Excuses

There are no more excuses. Dealers have seen all the ongoing and very recent announcements from the Federal Trade Commission (“FTC”) imposing millions of dollars in fines, cease and desist orders, and promises by dealers not...more

New Guidelines on Online Profiling

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

Maker’s Mark Defeats “Handmade” Class Action Lawsuit

Could consumers have plausibly believed that one of the country’s top-selling bourbon brands is “handmade”? Not according to one federal district court in Florida, which recently dismissed a class action alleging Maker’s...more

UK: Tweaks to Rules on Sales Promotions and Competitions

The UK’s Committee of Advertising Practice (“CAP”) has introduced changes to the provisions of its advertising code which deal with the running of sales promotions, including prize promotions. The full regulatory statement...more

Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1,...more

Keep Your Eye On The Prize – CAP Issues New Rules For Promotions

As with all forms of marketing communications, under the CAP Code, sales and prize promotions must not mislead, harm or offend their audience. In addition, the promoter must ensure that those who take part are dealt with...more

Decision Highlights Questions Over Substantiation for Weight Loss Claims

The Eleventh Circuit recently issued a decision in an contempt proceeding against Hi-Tech Pharmaceuticals and several individuals. The case highlights the ongoing debate over whether clinical trials are required for weight...more

Legal Implications of Social Media and Mobile Technology

On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual...more

California’s DBO Targets Payday Lenders, With a Little Help From Search Engines

Why it matters - At the intersection of Hollywood and Silicon Valley, the California Department of Business Oversight (DBO) announced a new initiative focused on the advertising of payday lenders. According to DBO...more

Proposed Law Before N.C. General Assembly Would Overhaul State's Billboard and Outdoor Advertising Laws

Filed March 17, 2015, Senate Bill 320 proposes significant revisions to State laws governing billboards and outdoor advertising. In this post, we review some of the changes that would result from Senate Bill 320 in its...more

Changes to the regulation of pharmaceutical business in Kazakhstan: implications for pharmaceutical companies

A significant number of amendments have been introduced to the Healthcare Code* of the Republic of Kazakhstan on 6 April 2015 by the adoption of the Law On Introduction of Amendments and Additions to Certain Legal Acts of the...more

False Advertising By Ad Agencies: No Easy Dismissals

On April 20, 2015, in Nestle Purina Petcare Company v. The Blue Buffalo Company, Ltd., the Eastern District of Missouri denied a motion to dismiss claims for false and misleading advertising brought against the advertising...more

Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

I Second that e-Motion: Protecting Motion Marks

Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more

Oh, Snap! App Changes March Madness Strategy

While it’s no secret that Facebook and Twitter dominate live sports-related chatter on social media, this year’s underdog, Snapchat, made a bold play for an upset during the NCAA’s March Madness. The Our Stories feature...more

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