News & Analysis as of

Advertising Law - October 2014 #3

Permanent Ban From Prize Promotion Business After Sweepstakes Scam - A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more

SPECIAL FOCUS: He Likes Me. He Likes Me Not: Facebook Changes Its Policy On “Likes”

In an important development for advertisers who wish to use promotions to build their page “likes” on Facebook, the social media platform has changed its policy with regard to how advertisers may obtain a consumer’s “likes.”...more

FCA Publishes Supervisory Approach to Financial Promotions in Social Media

On August 6, the UK Financial Conduct Authority (FCA) published its guidance consultation on social media and customer communications (Guidance). The Guidance is intended to clarify and confirm the FCA’s approach to the...more

Corporate and Financial Weekly Digest - Volume IX, Issue 33

In this issue: - ISS Launches New Equity Plan Data Verification Portal - ISDA Publishes Protocol for 2014 Credit Derivatives Definitions - FinCEN Issues Advisories for US Financial Institutions -...more

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more

Sweepstakes and Contests: What You Need to Know

The value of reaching an audience and potential new customers using social media continues to grow exponentially every year. Savvy corporations are continually looking to exploit and capitalize upon the information that can...more

Food, the FTC and the Risks of Social Media Promotions

Social media platforms offer food and other CPG companies a host of new, creative ways to engage with consumers and generate brand experiences, especially on strongly visual platforms like Pinterest, Vine, and Instagram. But...more

FTC Offers Guidance on Social Media Contests

In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection...more

Are you a Canadian business running an #onlinecontest?

Social media is not just a marketing novelty - it has become the essential tool for running a promotional contest. Have a look at any big brand contest and you’re hard pressed to find one without a social media component....more

Draft FDA Guidance on Real-Time Promotional Statements Made Via Social Media

In January 2014, the US Food and Drug Administration (FDA) gave the pharmaceutical industry another glimpse of its thinking on social media marketing. The agency’s draft guidance, titled “Fulfilling Regulatory Requirements...more

Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions...more

Online prize promotions, restrictions might be waived

Promotions offering prizes in kind or in cash are subject to considerable regulatory restrictions in Italy, but such restrictions could become an easier issue for foreign EU websites and companies running promotions on social...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

Vine: The new kid on the sweepstakes and contests block

The video-based social media site Vine is less than a month old, so I haven’t seen any contests or sweepstakes crop up, but it’s only a matter of time until companies take advantage of this inventive, highly visual social...more

Pin to Win - Do's and Don'ts of Pinterest Contests and Promotions

With the meteoric rise of Pinterest, many companies are leveraging its popularity. One way this is happening is that Brands are creating contests and promotions around users "pins." This is a growing trend in the use of...more

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