Marketing Advertising

News & Analysis as of

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They...more

FTC Green Guides: FTC Sends Warning Letters Concerning Environmental Certification Seals

The Federal Trade Commission (FTC) announced in a September 14, 2015, press release, "FTC Sends Warning Letters about Green Certification Seals," that it sent warning letters to five providers of environmental certification...more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

Three AGs Announce $1 Million Settlement with Internet Marketer

Attorneys General in New York, Pennsylvania, and Washington recently announced a settlement with an online marketing company over its “negative option” marketing plans. Internet Order LLC advertises an offer whereby consumers...more

Game Over: Popular Multi-Channel Network Settles FTC Complaint for Paid Endorsement Videos

September 8, 2015 On September 2, 2015, the Federal Trade Commission (FTC) announced its first settlement with an online video marketer over an alleged failure to disclose paid endorsements. The FTC settled with Machinima,...more

What the Hell is This Ad Selling?

Today’s winner of the latest “What the Hell are They Selling???” award is THIS ad I found for “The Moses, Bertha & Albert H. Wolf Fund.” First, let’s discuss some things that make an advertisement effective. ...more

Client – ‘I don’t believe in hammers.’

Do you know what product it’s marketing? Perhaps the name of the company? Of course you do, it’s Absolut vodka. How about this shape?  There’s no label on this one either. No real challenge, it’s obviously Nike....more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

TCPA Connect - August 2015

New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more

Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit

On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained under...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Olympic Athletes May Get Chance to Sport Sponsors

Taking office amid widespread criticism surrounding Russian anti-gay legislation and the Sochi Winter Games, International Olympic Committee President Thomas Bach began his leadership in 2013 with reform on his agenda. “It’s...more

Belgian FSMA Consultation On Marketing Materials For Financial Products Distributed To Non-Professional Clients – July 2015 Update

The Belgian FSMA has launched a consultation on the new rules on marketing materials for financial products distributed to retail clients, introduced by the Transversal Royal Decree....more

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

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

The Revolution that Wasn’t: New Jersey’s Direct-To-Consumer Exception to the Learned Intermediary Doctrine

The learned intermediary doctrine – in which a manufacturer’s duty to warn runs to the physician, not to the patient – is one of the most potent weapons in the arsenal for a pharmaceutical or medical device manufacturer faced...more

Advertising and Marketing News from Ifrah Law’s, Volume 6

Internet Advertising and Marketing Summer Newsletter from Ifrah Law with updates you won't want to miss!...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

FCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules

Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text...more

FCC Finally Acts to Clarify Ambiguities in the TCPA

Yesterday, the Federal Communications Commission (FCC) once again demonstrated to businesses the wisdom of that old adage, “be careful what you ask for.” The Telephone Consumer Protection Act (TCPA) protects consumers from...more

Getting the Deal Through - Advertising and Marketing 2015: Canada

Legislation and Regulation - What are the principal statutes regulating advertising generally? The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more

Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising – Does Your Advertising Pass Muster?

In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more

Pro Sports in Pepsi's Court with NBA Deal

In what looks like a well executed steal, PepsiCo signed a five-year corporate sponsorship deal in April with the National Basketball Association, replacing the Coca-Cola Co. — which had a 29-year sponsorship relationship...more

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

209 Results
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.