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Advertising

Twitter Considers Double-Length Tweets

What does Twitter’s doubling of the 140-character limit mean for advertisers? - The expansion of the microblogging site’s longtime limit to 280 characters is designed to encourage more tweeting, the company said. “Our...more

Food For Thought: Liability-Only Class Certification Denied For Claims That “No Sugar Added” Juice Labels Misled Consumers Into...

by Carlton Fields on

Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar...more

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision

by McDermott Will & Emery on

On Friday, October 13, 2017, a Texas Court of Appeals handed down the long-awaited decision in Texas Alcoholic Beverage Commission v. Mark Anthony Brewing, Inc., No. 03-16-00039-CV. The case involves Texas’ ban on...more

Regulation Of Dietary Supplements

by Fox Rothschild LLP on

The U.S. Food and Drug Administration (“FDA”) regulates dietary supplements as food, not as drugs. In general, dietary supplements are taken orally and contain a dietary ingredient such as a vitamin, mineral, amino acid,...more

NAD Hangs up on Wireless Carrier’s Crowdsourced Data Claims

Declining to rely on crowdsourced data, the National Advertising Division recommended that T-Mobile USA discontinue advertising claims about the speed of its network....more

FTC’s “Made in USA” Enforcement On Pace With Prior Years

by Kelley Drye & Warren LLP on

In a keynote address at the National Advertising Division conference earlier this month, Mary Engle, Associate Director in the Advertising Practices Division of the FTC, included “Made in USA” as among the agency’s current...more

AD-ttorneys@law

by BakerHostetler on

Come On Down! It’s always been about those commercials. Former waterbed salesman Bob Kaufman built a discount furniture empire. It expanded outward from a single Connecticut warehouse in the early 1990s to reach more...more

Moonlight Slumber Says “Goodnight” to Misleading and Unsubstantiated “Organic” Advertising Claims After Settlement with FTC

by Kelley Drye & Warren LLP on

In its first case challenging “organic” claims, the FTC announced a settlement with Moonlight Slumber, LLC resolving charges that the company misrepresented or could not support a variety of environmental and health-related...more

Alert: Who Paid for that Ad? US Considers Internet Disclosure Rules

by Cooley LLP on

Anyone who watches television or listens to radio during an election cycle is bombarded with political advertisements from candidates, political parties and issue groups. While some commentators have lamented the rise of...more

FDA Scolds Company Claiming to Bake with Love

by Faegre Baker Daniels on

Where’s the love? Apparently, not at the FDA. On September 22 the FDA issued Warning Letter CMS# 532236 to Nashoba Brook Bakery, of Concord, Mass. Among several infractions cited in the letter was one for the misbranding...more

California Court Unfriends Rapper’s ROP Claims

by McDermott Will & Emery on

The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

FTC Seal of Disapproval for “Selfie” Certification Marks

by Dorsey & Whitney LLP on

For many years, consumers have relied on certification marks like the Good Housekeeping Seal of Approval and the UL logo as an assurance of product quality. Administered by independent organizations, consumers reasonably...more

“I’m Unavailable to Take Your Advertisement Right Now”: FCC Regulation of Direct-To-Voicemail Marketing

by Robins Kaplan LLP on

The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more

Love Is a Many-Spendored Thing, but It’s Not an Ingredient

by Kelley Drye & Warren LLP on

The Food and Drug Administration has made the news lately for disapproving a Massachusetts bakery’s inclusion of “love” among the listed ingredients in its granola products. Nashoba Brook Bakery produces breads and granolas...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

BB&K Wins Dismissal of Anti-Spam Suit - Case Demonstrates Ongoing Abuse of the Law Against Email Companies

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Damian Moos and Daniel Richards won dismissal of federal unlawful email advertising lawsuit against a webmail service company that was wrongly targeted. U.S. District Court Judge Maxine...more

Gatorade Agrees To Stop Hating On Water

by Reed Smith on

Gatorade recently handed $300,000 to California to settle false advertising and unfair competition claims that boil down to making water look bad. The company released an app in 2012 called “Bolt!” that featured an animation...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

Gender stereotyping in UK advertising – staying on the right side of the line

by Hogan Lovells on

Unlike some other European countries, the UK does not currently have specific rules prohibiting or restricting gender stereotyping in advertising. To date, complaints about ads featuring stereotypical gender roles or...more

#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

#Ad and the challenges of native advertising and social influencers

by Hogan Lovells on

Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands....more

FTC Provided Guidance Regarding Affiliate Marketing

by Reed Smith on

The FTC alerted consumers to the truth behind online advertisements connected to affiliate marketers in a September 20th blog post titled, What’s affiliate marketing? Should I Care? The FTC took action against an online...more

OCIE Releases Risk Alert Regarding Advertisements of Investment Advisers

by Bracewell LLP on

On September 14, 2017, OCIE published a Risk Alert identifying issues associated with Rule 206(4)(1) of the Investment Advisers Act of 1940 (the “Advertising Rule”). The Risk Alert was based on observations of the OCIE staff...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

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