News & Analysis as of September 21, 2024

Federal Trade Commission (FTC)

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Child’s Play or Constitutional Clash? Unpacking New York’s Bold Move to Restrict Food Advertising to Kids

BakerHostetler on 2/8/2024

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

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

BakerHostetler on 9/20/2022

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

Restrictions on Lawyer Ads Involving Drugs and Medical Devices Are Not Unconstitutional, Says Federal Court

Hogan Lovells on 5/19/2022

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

AD-ttorneys@law – October 2020 #4

BakerHostetler on 10/27/2020

Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more

Summary of U.S. Advertising Laws and Regulations for Malt Beverages and Energy Drinks

Shumaker, Loop & Kendrick, LLP on 1/29/2020

WHAT IS, AND IS NOT, ADVERTISING? At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more

5 Key Takeaways: Advertising and Technology: Reaching Consumers in a Digital World

Kilpatrick on 8/7/2019

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

McDermott Will & Emery on 4/4/2019

On March 18, 2019, the Washington Court of Appeals upheld a trial court’s decision that three advertising campaigns for 5-Hour Energy® made by Living Essentials, LLP and Innovative Ventures, LLP (collectively, Living...more

AD-ttorneys@law

BakerHostetler on 1/30/2019

In This Issue: - Diet Supplement Ingredient Company Drops a Fistful of Claims - Samsung Pursued by Pixel Plaintiffs - Settlement Snaps Ginger Case Shut - Olivia de Havilland’s Right-to-Publicity Suit Is Gone With the...more

Advertising Law - August 2016 #3

Manatt, Phelps & Phillips, LLP on 9/3/2016

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

The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine

Kelley Drye & Warren LLP on 11/19/2015

On Tuesday, the FTC joined the Department of Justice and several other federal agencies in announcing numerous recent and ongoing actions against dietary supplement marketers. The FTC, in its discussions, highlighted a case...more

Advertising Law - August 2015 #2

Manatt, Phelps & Phillips, LLP on 8/13/2015

FDA Wants to Pour Some Sugar on the Nutrition Label - Adding to the proposed changes to the Nutrition Facts label—the first tweaks in 20 years—the Food and Drug Administration has suggested yet another: adding the...more

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

Holland & Knight LLP on 2/9/2015

In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its...more

Advertising Law - December 2014

Manatt, Phelps & Phillips, LLP on 12/8/2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

Guidelines for Sponsored Content and Native Advertising

BakerHostetler on 11/7/2014

“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more

Advertising Law - October 2014 #3

Manatt, Phelps & Phillips, LLP on 10/27/2014

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

Advertising Law - Oct 2014

Manatt, Phelps & Phillips, LLP on 10/10/2014

FTC Mows Down Astroturfing at Yahoo - The Federal Trade Commission has closed an investigation into “astroturfing” by Yahoo employees and declined to take enforcement action because of the limited number of workers...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

BakerHostetler on 10/3/2014

—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment - If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

BakerHostetler on 10/3/2014

—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

BakerHostetler on 10/2/2014

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more

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First Amendment › Advertising › Federal Trade Commission (FTC)

Child’s Play or Constitutional Clash? Unpacking New York’s Bold Move to Restrict Food Advertising to Kids

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

Restrictions on Lawyer Ads Involving Drugs and Medical Devices Are Not Unconstitutional, Says Federal Court

AD-ttorneys@law – October 2020 #4

Summary of U.S. Advertising Laws and Regulations for Malt Beverages and Energy Drinks

5 Key Takeaways: Advertising and Technology: Reaching Consumers in a Digital World

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

AD-ttorneys@law

Advertising Law - August 2016 #3

The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine

Advertising Law - August 2015 #2

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

Advertising Law - December 2014

Guidelines for Sponsored Content and Native Advertising

Advertising Law - October 2014 #3

Advertising Law - Oct 2014

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Advertising Law -- Oct 10, 2013

Advertising Law -- Sep 26, 2013

Advertising Law -- Aug 15, 2013

FTC Ruling Not So Wonderful For POM or The First Amendment

First Amendment › Advertising › Federal Trade Commission (FTC)

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