News & Analysis as of September 18, 2024

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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 -

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Troutman Pepper on 8/28/2024

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

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on 2/8/2024

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

Get Up, Stand Up: Mississippi Medical Cannabis Dispensary Sues State Challenging Advertising and Marketing Restrictions on First...

Bradley Arant Boult Cummings LLP on 11/15/2023

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

[Event] 41st FDA Boot Camp - September 20th - 21st, Boston, MA

American Conference Institute (ACI) on 8/7/2023

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

MarkIt to Market® - June 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/30/2023

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

Cannabis Marketing Proposed Regulations in New York & Neighboring States

Goodwin on 2/6/2023

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

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

[Virtual Conference] FDA Boot Camp - September 14th - 15th, 8:15 am - 1:30 pm EST

American Conference Institute (ACI) on 7/5/2022

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

“Butter” Luck Next Time: Court Finds California Cannot Preclude Vegan Dairy from Using “Vegan Butter” Labeling

Proskauer - Advertising Law on 10/5/2021

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

Can Product Reviews Be Subject To Lanham Act Liability?

Ervin Cohen & Jessup LLP on 2/3/2021

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...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

AD-ttorneys@law – October 2020 #1

BakerHostetler on 10/5/2020

First Amendment Rescues Butter Marketing from Regulation’s Hot, Hot Knife - Miyoko’s Kitchen can keep buttering up consumers, but must let the hormones go - Precious?...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

Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law;...

Morrison & Foerster LLP - Social Media on 4/17/2019

A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who...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

Latest Stage in Missouri Tied House First Amendment Litigation Could Change Economics of Industry Advertising

McDermott Will & Emery on 7/10/2018

The latest development in a lengthy legal challenge to advertising restrictions in Missouri’s tied house laws and regulations raises practical economic issues for the alcohol beverage industry and significant legal and policy...more

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

Pillsbury Winthrop Shaw Pittman LLP on 6/21/2017

On June 14, 2017, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Retail Digital Network LLC v. Ramona Prieto, Case No. 13-56069, D.C. No 2:11-cv-09065-CBM-PJW. The decision rejects a...more

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First Amendment › Marketing › Advertising

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Get Up, Stand Up: Mississippi Medical Cannabis Dispensary Sues State Challenging Advertising and Marketing Restrictions on First...

[Event] 41st FDA Boot Camp - September 20th - 21st, Boston, MA

MarkIt to Market® - June 2023

Cannabis Marketing Proposed Regulations in New York & Neighboring States

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

[Virtual Conference] FDA Boot Camp - September 14th - 15th, 8:15 am - 1:30 pm EST

“Butter” Luck Next Time: Court Finds California Cannot Preclude Vegan Dairy from Using “Vegan Butter” Labeling

Can Product Reviews Be Subject To Lanham Act Liability?

AD-ttorneys@law – October 2020 #4

AD-ttorneys@law – October 2020 #1

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

Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law;...

AD-ttorneys@law

Latest Stage in Missouri Tied House First Amendment Litigation Could Change Economics of Industry Advertising

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

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

Advertising Law - August 2016 #3

Are You Ready for the Attack? Online Brand and Reputation Protection

Advertising Law -- Sep 26, 2013

First Amendment › Marketing › Advertising

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