News & Analysis as of

FDA Issues Draft Guidance on Communications Over Internet and Social Media Platforms

On June 17, 2014, the U.S. Food and Drug Administration (FDA or the Agency) issued two draft guidance documents, providing recommendations for two types of communication over internet and social media platforms. The first...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...more

FDA Issues Two Draft Guidance Documents Relating to Internet and Social Media Use by Drug and Device Manufacturers

On June 17, 2014, the Food and Drug Administration (“FDA”) released two draft guidance documents related to manufacturer communications on the Internet and social media platforms. The two documents are (1) “Internet/Social...more

Advertising Law - June 2014

Native Advertising Needs Better Disclosures, Says NAD - Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget”...more

Database Marketing Outsourcing

Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels e.g., web, social media, catalog and in-store sales) and enable...more

Advertising Law - Mar 07, 2014

Site Allows Consumers to Stop Mobile Tracking - Don’t want to be tracked by retail stores while physically shopping? There’s a site for that. Retailers use tracking information to collect data about how shoppers...more

Trademark Infringement by Use of AdWords? Legal Risks by Using AdWords Despite European Court of Justice (ECJ) Rulings

The internet is one of the most important marketing tools today. The use of trademarks as keywords for becoming prominently placed in the results of a search via the Google search machine is nowadays a common and important...more

Advertising Law - Jan 29, 2014

Shape Magazine Should “Clearly and Conspicuously” Disclose Branded Content, Says NAD - Keeping a close eye on native advertising, the National Advertising Division recently reviewed an article in Shape magazine that...more

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

New California Advertising And Privacy Laws: What’s Your Compliance Plan?

New California Requirements Regarding "Do Not Track" Transparency and Advertising to Minors Have Substantial Effects on Advertisers, Ad Tech Companies, Website Publishers and App Developers - California recently...more

Business News Digest – December 2013

In this issue: - NIST Holds Fifth Workshop on Cybersecurity Framework; Incentives Still Lacking - Advertising Law News & Analysis - November 1, 2013 Edition - November 7, 2013 Edition - November 14,...more

California Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot...

Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and...more

Advertising Law -- Nov 06, 2013

FTC Settles Over “Made in the U.S.A.” Claims - Back in business after the government shutdown, the Federal Trade Commission recently announced a settlement involving products falsely advertised as “Made in the U.S.A.”...more

Business News Digest – November 2013

In this issue: - Banking Committee Focuses on Private-Label Mortgage-Backed Securities Market - SEC Requests Public Comment on OFR Study of Risks in the Asset Management Industry - Broken Windows and...more

IP Buzz - October 2013

In this issue: - How Capitol Records v. Vimeo Shapes the Content Stream - Internet Platform Held Liable for Counterfeit Sales – Hope for Brand Owners - Daily Journal quotes Greg Sater on native...more

Advertising Accountability Program Issues First Set of Compliance Warnings for Violations of Enhanced Notice Internet Rules

Signaling its intent to enforce industry-established guidelines relating to behavioral advertising, the Better Business Bureau's Online Interest-Based Advertising Accountability Program announced the issuance of a compliance...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

California Mandates ‘Delete Button’ and Restricts Certain Online Advertising to Minors

Right on the heels of game-changing revisions to the federal rule implementing the Children’s Online Privacy Protection Act, and almost immediately following another change to the California Online Privacy Protection Act...more

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Canadian Advertisers Self-Regulate Online Behavioural Advertising

Call to Action on OBA - The Office of the Privacy Commissioner (OPC) is aware of the challenges associated with balancing privacy in the online advertising environment, and wants the ad industry to step up. On the day...more

Native Advertising is on the Rise, and the FTC Has Taken Notice

In a press release issued Sept. 16, 2013, the FTC announced that it will convene a Native Advertising Workshop on Dec. 4, 2013 to “examine the practice of blending advertisements with news, entertainment, and other content in...more

FTC Looking Closely at Impact on Consumers of ‘Big Data’

Manufacturers and marketers know that the more consumer data they have, the more they can tailor and direct their advertising, their products, and their product placement. This helps them to maximize sales and minimize costs....more

Advertising Law -- Jul 11, 2013

FTC to Search Engines: Make Ads Distinct - Eleven years after last issuing guidance to search engines about displaying paid search results, the Federal Trade Commission sent letters to dozens of companies, including...more

FTC Updates Guidance For Search Engines On Advertising

On June 25, the FTC announced updated guidance for the search engine industry on distinguishing paid search results from natural search results. ...more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

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