News & Analysis as of

Marketing

To Gate or Not To Gate — Should You Give Away Your Whitepaper or e-Guide?

by Apto Marketing LLC on

We’ve all experienced this before: we visit a website, and a pop-up showcases a whitepaper or e-Guide that we can download or have emailed to us if we provide our first name and e-mail address. This is how most businesses...more

Avoid Potential Liability for Violating Laws Related to Email Marketing

by Bryan Cave on

Email is an important marketing tool for retailers, who should be aware of federal and state laws regulating its commercial use. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and...more

Advertising Law - May 2017 #3

FTC Emphasizes Disclosures in Letters to Influencers, Marketers - Influencers and marketers must clearly disclose their relationships, the Federal Trade Commission reiterated in more than 90 letters sent by the agency...more

Règlement délégué 2017/751 du 16 mars 2017 de la Commission

This alert examines the Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 amending Delegated Regulations (EU) 2015/2205, (EU) 2016/592 and (EU) 2016/1178 as regards the deadline for compliance with clearing...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 2

In my last post, I introduced a series of posts that will explore FDA’s historical approach to off-label drug and device communications, how that position has evolved (or not) to the modern day, and predict where that policy...more

Mobile Marketing - The Legal Guardrails

by King & Spalding on

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... Please...more

Contest Organizer in Legal Limbo over Sweepstakes Marketing

by Klein Moynihan Turco LLP on

Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under...more

Inadequate Disclosures Preclude Monetary Damages Recovery in Trademark Infringement Suit

by Orrick - NorCal IP Group on

Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment, Sazerac Co., Inc., et al. v. Fetzer Vineyards, Inc., Case No. 3:15-cv-04618-WHO (Judge William H. Orrick) - As any practitioner who has...more

Give your clients a football

by Ary Rosenbaum on

When I was in college and law school, I had this fancy leather bound DayRunner that had all my contacts, business cards, and notes. For 1992-1998, it was state of the art because I didn’t have the shekels for a Palm Pilot and...more

Key risk management strategies: five proactive steps for global retail brands

by DLA Piper on

When a retail brand is looking to expand globally or finds itself embroiled in an investigation, there are bespoke issues that branded retailers must focus on or risk losing credibility and revenue. In today's world of viral...more

FDA to Extend E-Cig Marketing Compliance Deadline

by Klein Moynihan Turco LLP on

Last week, the U.S. Food and Drug Administration (“FDA”) disclosed in an Alabama federal court filing its plan to defer enforcement of all future e-cig marketing compliance deadlines for a period of three months....more

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

by Seyfarth Shaw LLP on

The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

#SocialMedia #Endorsement #Disclosures #Sponsored (notthispost): FTC Warns Social Media Influencers and Advertisers about Failure...

Recognizing the growing role of social media and influencers in marketing today, the Federal Trade Commission announced on April 19 that it sent more than 90 letters to social media influencers and marketing executives...more

FTC Letters to Endorsers Highlight Need for Transparency in Social Media Advertising

by Morgan Lewis on

The Federal Trade Commission sent letters to online influencers and marketers regarding disclosure obligations in social media endorsements....more

FDA Delays Menu Compliance Date … Again

by Barley Snyder on

NOTE: This is an update to a previous alert, “Menu Compliance Counts Starting May 5th.” The effort to delay the compliance date for calorie labeling in restaurants and other retail food establishments has succeeded, with...more

Cannabis in Canada - A Changing Legal Landscape: Marketing & Health Regulatory

The extent to which the new law will restrict the advertising and branding of cannabis was, and still is, one of the key unknowns. From industry’s perspective, cannabis should be regulated more like alcohol than tobacco, and...more

Unlocking the Value of Outside Marketing and Communications Agencies in LMA Mid-Atlantic Newsletter

by Blattel Communications on

Blattel Communications Senior Media Director Michael Bond authored the Legal Marketing Association (LMA) – Mid-Atlantic Region Newsletter article titled, “Unlocking the Value of Outside Marketing and Communications Agencies.”...more

Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

by Hogan Lovells on

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below...more

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

Soundboard Technology Calls Qualify as Robocalls Under TCPA

by Klein Moynihan Turco LLP on

This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telephone Consumer Protection Act (“TCPA”) which held that marketing calls placed...more

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more

Weight Loss Marketing Companies Settle FTC Claims

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”). The FTC alleged that the Defendants’ weight loss...more

5 Key Takeaways: Retail & Consumer Goods Industry Team Presentation “In the Trenches with Social Media”

Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of...more

FTC Trains Its Sights on Social Media Influencers

by Klein Moynihan Turco LLP on

For the first time, the Federal Trade Commission (the “FTC” or “Commission”) has contacted, and questioned the product endorsement practices of, dozens of social media influencers – individuals who are powerful, popular and...more

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety...more

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