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Claims Must Be Substantiated — It Seems So Obvious, but the Who, What, Where, and How Is Not Always So Clear

When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more

A Dream Is a Wish Your Heart Makes: Aspirational Claims in Advertising Can Be Misleading, Too

The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more

So You Want to Advertise Your ESG Efforts? Let's Talk.

Your company has an ESG (Environmental, Social, and Governance) mission. It could be as (seemingly) simple as using renewable energy in production, sourcing eco-friendly materials or, more broadly, coming up with a "more...more

In a One, Two, Three Punch, the FTC Issues Updated Endorsement Guides

The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more

New Penalty Offense Letters Remind Marketers That Health Claims Require Robust Substantiation

On April 13, 2023, the Federal Trade Commission ("FTC") announced the issuance of what is now the fourth round of Notice of Penalty Offense Letters, this time to approximately 670 companies involved in the marketing of drugs,...more

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