News & Analysis as of

Marketing Truth in Advertising

Katten Muchin Rosenman LLP

District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim

Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more

Manatt, Phelps & Phillips, LLP

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Hanzo

6 Compliance Challenges for Corporate Marketing Teams

Hanzo on

The days of managing website archives with printouts or screenshots are long gone since modern sites contain thousands of complex pages for a single enterprise. However, even with such a large data burden, regulatory...more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

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Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

Perkins Coie

FTC Proposes Updated Guidance for Influencer and Consumer Review Programs

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To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in...more

American Conference Institute (ACI)

[Virtual Conference] 28th Annual Advertising & Marketing Law - January 18th - 19th, 8:45 am - 1:30 pm EST

Delve into critical legal and regulatory developments with the Canadian Institute’s 28th Annual Advertising & Marketing Law conference taking place virtually on January 18 – 19, 2022 (EST). This is Canada’s most comprehensive...more

Perkins Coie

Sustainability Advertising: Key Takeaways

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Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation....more

BakerHostetler

[Podcast] AD-ttorneys@law: False Advertising or Just Puffing?

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Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more

Perkins Coie

Sustainability in Advertising Law

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Brands continue to build their sustainability and environmental marketing programs in response to consumer demand. A recent report found that nearly eight out of ten consumers are making sustainability-based purchase choices....more

Proskauer - Advertising Law

Beverage Mislabeling Suit Runs Out of Juice

On February 6, the California Court of Appeals (Second Appellate District) sustained a lower court’s dismissal of a putative class action alleging that the claim “no sugar added” on the label of tangerine juice is deceptive...more

Sheppard Mullin Richter & Hampton LLP

“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews

Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having...more

Furia Rubel Communications, Inc.

Truth in Advertising, Cannabis, and the Importance of a Crisis Plan and Social Media Policy

If you’ve ever wondered whether Big Brother is watching you online, the answer is yes. I’m not just referring to the big data and privacy breaches such as Equifax’s recent $700 million settlement which has been reported in...more

International Lawyers Network

1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use in Search Engine Marketing

The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800...more

Kelley Drye & Warren LLP

FTC Asked to Investigate Use of Influencers to Market Vodka

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Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org collected...more

Perkins Coie

Hot Ad Law Topics for the New Year

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Don’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches....more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - “Trusted” Cuisinart Claims Kicked Up to Commish - New Political Advertisement Accountability Program in Full Campaign Mode - Fox Dismissal in Ali Case Is on the Ropes - Kardashian Sucked Into...more

Sheppard Mullin Richter & Hampton LLP

Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads

Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more

Foley Hoag LLP - Making Your Mark

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

Bradley Arant Boult Cummings LLP

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2016

NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more

McCarter & English, LLP

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more

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