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
Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International...more
On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more
In 2015, the FTC prevailed in litigation against POM Wonderful, makers of pomegranate juice. POM Wonderful LLC, et al., v. Federal Trade Commission, 773 F.3d 487 (D.C. Cir. 2015). The case involved the FTC's assertions that...more
On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way...more
Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more
In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an...more
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...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
1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more
On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
In its most basic form, legal marketing is the process of promoting and selling legal services to potential clients. This can be done through traditional marketing channels like advertising, public relations, and networking,...more
The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands. ...more
A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...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
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
The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the...more
On January 10, 2022, Judge Beth Labson Freeman of the United States District Court for the Northern District of California denied Plaintiff’s motion for class certification in a case stemming from allegations that Google...more
Supreme Court Upholds Affordable Care Act: On June 17, 2021, the Supreme Court ruled 7 to 2 to dismiss for lack of standing a challenge to the Affordable Care Act (ACA) brought by Texas and other states. The states had...more
In This Issue - The Evolving Relationship Between Brands and Athletes: What Comes Next - The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
On April 1, 2020, FDA issued a guidance document instructing companies on how to notify the agency of a permanent discontinuance or interruption of manufacturing of certain products pursuant to Section 506C of the FDCA (21...more
Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S....more
If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more