Advertising

News & Analysis as of

Comparative Advertising Do’s and Don’ts from the NAD – Part 2

Last week we blogged about a recent decision of the National Advertising Division of the Better Business Bureau, holding that two YouTube videos for Rayovac brand batteries misleadingly communicated an unsupported “line”...more

DOJ Publishes Final Rule Requiring Movie Theaters Nationwide to Provide Closed Captioning and Audio Description

Seyfarth Synopsis: DOJ published regulations today requiring that movie theaters throughout the United States provide closed captioning and audio description to patrons with disabilities for digital movies distributed with...more

Facebook Implements Additional Measures to Prevent Discriminatory Practices in Targeted Advertisements

Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened...more

Groups Renew Call for FTC to Act on Influencer Campaigns

In September, we noted that four groups – Public Citizen, Commercial Alert, the Campaign for a Commercial Free Childhood, and the Center for Digital Democracy – had sent a joint letter to FTC encouraging the agency to...more

Fax Marketing and the TCPA

The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material....more

Good Ads and Websites Don’t Work.

More creative is cheaper. Stronger visuals cost less. Here’s why... See this ad? (see article for photo) It’s one previously used by a client, Lorne MacLean, a small firm in Vancouver, BC. Nice guy, great lawyer,...more

Guest Post — Do It If It Makes You Feel Good: FTC’s Report on Homeopathic Medicine Advertising

What follows is a guest post by John Feldman, a partner in Reed Smith’s Entertainment and Media Industry Group. John closely follows all things Federal Trade Commission and approached us when he saw the FTC weighing in a...more

Comparative Advertising Do’s and Don’ts from the NAD – Part 1

Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative...more

[Webinar] The FCC Privacy Rules: What You Need to Know - Nov. 29th and Dec. 6th, 1:00pm Eastern

Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has...more

Advertising Law - November 2016 #4

CARU Emphasizes Accurate Performance, Use Presentations for Children - Two recent Children's Advertising Review Unit decisions emphasize the importance of providing accurate performance and use presentations for products...more

FTC Addresses Homeopathic Drug Advertising

The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market. Long permitted to fly under the FTC’s...more

Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy...

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal competitor SPD Swiss Precision Diagnostics, a Second Circuit panel unanimously...more

Policing Internet Privacy: FCC’s New Frontier

Unwilling to be left behind by the likes of Google and Facebook, Internet Service Providers are increasingly exploring how they may capitalize on the high-value targeted advertising market. In November 2016, AT&T explained...more

Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”). The...more

Expansion of Liability in Product Labeling Cases

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

Pharmaceutical Companies Face Fax Marketing TCPA Class Action

On November 11, 2016, a putative class action complaint was filed against two related pharmaceutical companies alleging violations of the Telephone Consumer Protection Act (“TCPA”). Specifically, the complaint alleges that...more

Privacy Tip #61 – Beware of Fake Apps that are Gearing Up for the Holiday Season

The New York Times reported last week that “hundreds of fake retail and product apps have popped up in Apple’s App Store in recent weeks”—just in time to deceive holiday shoppers....more

Enforcement of DAA Cross Device Tracking Guidance Set to Begin in Early 2017

In October, the Digital Advertising Alliance announced that it will commence enforcement of its guidance on cross-device tracking on February 1, 2017. Although the DAA published the guidance in November of 2015, it has...more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

Words Matter: Product Claims Can Trigger Regulatory Application And Corrective Action

Most of us understand that the facts that give rise to the legal issues we face are sometimes sewn far in advance. This is certainly true in the area of product claims or statements. ...more

Consumers Are Unlikely to Confuse Yelp with a Local Property Management Company Using the Same Tagline in Ads, Court Rules

In a ruling that neatly illustrates some of the challenges a company is likely to face when trying to enforce trademark rights in an advertising tagline, a federal judge in the Northern District of California recently denied...more

Five Key Takeaways: Promotional Tactics/Pitfalls and Opportunities in Coupons, Rebates, and Experiential Marketing (including the...

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2016 ANA/BAA 38th Marketing Law Conference, held November 9-11, 2016 in...more

Billboard Regulations: Cities and Counties

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

Bluetooth Beacons: What You Need to Know

Bluetooth beacons can be a powerful tool for customer engagement. The 2015 holiday season saw retailers experimenting with this kind of proximity marketing, and 2016 is looking like it will see the large-scale deployment of...more

Three Point Shot - November 2016

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

1,484 Results
|
View per page
Page: of 60
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×