The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more
On July 3, 2024, the U.S. District Court for the District of Maryland dismissed a First Amendment challenge to Maryland’s Digital Advertising Gross Revenues Tax (the “Tax”) holding that while a provision in the Tax scheme...more
As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more
Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority....more
40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more
This morning, an Olive Branch medical cannabis dispensary, TruSource Medical Cannabis, and its owner, Clarence Cocroft, filed a lawsuit in the United States District Court for the Northern District of Mississippi against, in...more
On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...more
ACI’s FDA Boot Camp is back in Boston! This essential training course – now in its 41st iteration – continues to provide the working knowledge of core essentials of FDA law and regulation, including the new amendments under...more
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
Last fall, when a Maryland County Circuit Court held that the Maryland Digital Ad Tax violated the dormant commerce clause, the supremacy clause, the Internet Tax Freedom Act, and the First Amendment of the U.S. Constitution,...more
Marketing of cannabis products, supplies, and stores is tricky. States that are eager to embrace a thriving and lucrative cannabis market are still often hesitant to permit the type of advertising common for other products,...more
The 2019 movie Yesterday is about a world without the Beatles. The 2022 lawsuit over Yesterday is about a movie without Ana de Armas. Two fans who each paid $3.99 to rent the movie based on seeing the actress in the trailer...more
Recent developments may cause firearms manufacturers to reevaluate their business and marketing practices to lessen their legal exposure. As we wrote previously, the Protection of Lawful Commerce in Arms Act (PLCAA) provides...more
Maryland’s controversial Digital Advertising Gross Revenues Tax (the “Digital Ad Tax”) recently shot back to the top of the headlines when Maryland Circuit Court Judge, Alison Asti, ruled from the bench that the tax is...more
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more
Through nearly 19 years, ACI’s FDA Boot Camp has been the training grounds for life sciences attorneys and executives to master the fundamentals of FDA regulation. Don’t miss your opportunity to join their ranks....more
Sign law is a historically convoluted and ever-evolving legal topic. The court system is continuously issuing decisions expanding and restricting the scope of the government’s authority to regulate signage in an attempt to...more
The Fourth Circuit has found that a West Virginia state law restricting how attorneys can solicit clients in pharmaceutical and medical device cases does not violate the First Amendment. At the end of April, a three-judge...more
On April 21, 2022, the U.S. Supreme Court decided City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al., No. 20-1029, holding that a city ordinance regulating offsite advertising is not subject to strict...more
Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more
Maryland and Ohio courts disagree on whether taxing billboards violates the 1st amendment. Will the Supreme Court weigh in? How will this affect the surge of interest in targeted taxes on digital advertising? Matt Hunsaker...more
Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more
The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155. The case evaluated an excise tax placed on the installing,...more
On April 20, 2020, we blogged about the legal challenge to Montana’s requirement that sellers of cattle must contribute $1.00 per head to Montana’s Beef Council to fund advertisements for beef. Many sellers would prefer to...more
Acting New Jersey AG Andrew Bruck obtained a ruling from the U.S. District Court for the District of New Jersey dismissing a lawsuit brought by gun manufacturer Smith & Wesson Brands, Inc. and related entities (collectively,...more