Advertising Marketing

News & Analysis as of

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

Navigating the Maze of E-Cig Marketing Regulations

Federal regulators, and states, counties and cities throughout the country, are enacting new laws, rules and regulations in the e-cigarette marketing space. How can e-cig manufacturers and related marketing affiliates...more

What the NFL’s Ratings Swoon Says to Professional Services Marketers

If you ever doubted that the media landscape is shifting, you only need to look at the reports that the NFL, the mightiest-of-mighty media properties, is experiencing a large dip in viewership. Through the first five weeks of...more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Beware Social Media Masters, FTC Taking Long Look at Phony Blogs

In the age of digital communities, bloggers, vloggers and Instagramers create and disseminate a huge amount of content on myriad topics, building trust, credibility and a loyal following through authentic content on a variety...more

FTC Targets Tech Support Companies for Deceptive Pop-Up Marketing

On October 12, 2016, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the...more

Companies Perceived By The FTC as Top Violators

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month the FTC’s Division of Planning and...more

Petition for Writ of Certiorari Denied by Alabama Supreme Court in Key Sales Tax Case

Last Friday the Alabama Supreme Court denied the ADOR’s petition for writ of certiorari in the case of State Dep’t of Revenue v. Omni Studio, L.L.C. The denial by the Supreme Court follows a pro-taxpayer ruling in the Alabama...more

Affiliate Marketing Network Held Liable for its Publishers’ Deceptive Content

The U.S. Court of Appeals for the Second Circuit recently affirmed a ruling of a lower court that held an affiliate marketing network liable for its role in promoting a deceptively-marketed product. Despite the fact that the...more

IP Newsletter - Superintendency of Industry and Commerce orders TV advertisement pulled for unsupported claims

Colombia's Superintendency of Industry and Commerce, in Resolution 59176 of 2016, issued an order that the Colombian Association of Consumer Education cease airing a TV advertisement that contained misleading statements about...more

“Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation

The FTC released last week a paper summarizing and reflecting on its October 30, 2015 public workshop, “Follow the Lead,” which we previously discussed here and focused on lead generation practices and related privacy and...more

Attorneys Cannot Sue Avvo for Unauthorized Profiles According to Illinois Federal Court

An Illinois federal judge dismissed a proposed class action of lawyers whose business information was published by the online attorney database Avvo without their permission. The lead plaintiff, a Chicago-based personal...more

Complaint Alleges T-Mobile and Subway Violated TCPA

On September 6, 2016, a putative class action lawsuit was filed in the United States District Court for the Western District of Washington by two plaintiffs alleging that T-Mobile USA, Inc. (“T-Mobile”) and Subway Sandwich...more

Advertising Law - September 2016

NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more

Have Sense About Scents

In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more

A Wrinkle in Time: Anti-Aging Advertising Claims Unsubstantiated by Testing Methods

The National Advertising Division (NAD)’s annual conference is taking place later this month, so we are taking the opportunity to highlight some recent NAD decisions of interest.  This post addresses Intraceuticals LLC...more

Second Pokémon Go Alliance Announced: SoftBank

The international phenomenon surrounding the mobile game Pokémon Go has captured the attention of marketers. As we have discussed before, until Niantic, the developer of Pokémon Go, makes sponsorship more readily available,...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

MarkIt to MarketTM - August 2016

The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities. Please see full newsletter...more

Complying with Advertising Laws when Marketing Children's Products

We are now in the midst of the back-to-school season, and before you know it, Halloween and the winter holiday season will be upon us. Over these next few months in particular, companies may face a variety of issues related...more

American Spirit Cigarettes — Reduced Risk Marketing Pitch

I want “all natural” in everything I consume. Why? Because it is better for you. Right? What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more

Blog: Building, Marketing and Maintaining Your Brand in the UK

Building, marketing and maintaining a strong brand is fundamental to ensuring the success of a new company. Not only will a strong brand confer a competitive advantage through encouraging brand loyalty, but it will have...more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our...more

WNBA looks to spark interest — in league and apparel

When NBA Commissioner Adam Silver admitted that, 20 years after its creation, the WNBA is not where it was expected to be by now, he drew attention to the issues faced by women’s sports marketers in their efforts to move on...more

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