News & Analysis as of

Marketing Advertising

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...more

IT/Data Protection Germany Newsletter

by Reed Smith on

As you know, the newsletter has moved to Reed Smith together with the Olswang team. We are very happy to send you the first Reed Smith issue of our quarterly IT/Privacy newsletter today. Much of it remains the same, some...more

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

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

THE SLANTS Decision Affects More than a 2(a) and an (R)

In Monday’s decision in the newly minted, Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was...more

Advertising Law - June 2017 #3

FTC Jumps on Trampoline Marketing - The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order. Son “Sonny” Le and his brother Bao “Bobby” Le...more

FDA Warns Against Products Claiming to Cure Cancer

by Fox Rothschild LLP on

The Food & Drug Administration (“FDA”) regulates cancer drugs and devices, both for use by humans and pets. Such drugs and devices must obtain FDA approval or clearance before they can be marketed or sold to consumers, so...more

Why a sweepstakes could seriously boost your customer surveys

by Thompson Coburn LLP on

“Excellent Shopping Trip? We Want to Hear From You” “Your Opinion Counts” “How Was Your Experience?” “We Listen to You” “Survey Sweepstakes” If you have visited a restaurant, hotel, department store, grocery store,...more

FTC Settles Claims Against Trampoline Companies Over Online Reviews

by Reed Smith on

The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of...more

#Sponsored – FTC Warns Social Media Influencers to Clearly Disclose Material Connections

Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more

Lessons from the World of Trampoline Marketing

by Kelley Drye & Warren LLP on

Last year, we wrote about an NAD case involving trampoline marketing. The Trampoline Safety website featured reviews designed to help buyers purchase a trampoline. But unless website visitors looked closely at a disclosure at...more

FTC Sends Warning to Brands and Social Media Influencers

by Perkins Coie on

The Federal Trade Commission (FTC) recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media...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

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

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

#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

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

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

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

by Klein Moynihan Turco LLP on

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who...more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Is Direct Mail Still Relevant For Law Firms?

by Apto Marketing LLC on

We see much less of “junk” mail these days. Digital marketing has largely taken over, save where retail catalogs and niche publications are concerned. But direct mail can still be a cost-effective way to get your message out,...more

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

by Ward and Smith, P.A. on

For years now, a new type of retail merchant has been "popping up" everywhere. Short-term, temporary retail events, or "pop-ups," serve as a marketing strategy for retailers and entrepreneurs looking to extend their brand...more

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