With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more
2/23/2024
/ Advertising ,
Artificial Intelligence ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
Endorsements ,
Enforcement Actions ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Influencers ,
Legislative Agendas ,
Marketing ,
Marketing Perspectives ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
Subscription Services
Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more
7/28/2023
/ Advertising ,
Brand ,
Climate Change ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Green Marketing ,
Marketing ,
Recycling ,
Retailers ,
Sustainability
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more
Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more
12/30/2022
/ Advertising ,
Consumer Reports ,
Contests & Promotions ,
Endorsements ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Regulatory Agenda ,
Retail Market ,
Retailers
Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. In fact, a recent study found that, on average, three out of five (64%)...more
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
The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals...more
1/27/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Public Accommodation ,
Rite Aid ,
Settlement ,
Vaccinations ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways.
1....more
12/17/2021
/ Advertising ,
Attorney General ,
Automatic Renewals ,
Class Action ,
Compliance ,
Disclosure ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Policies and Procedures ,
Retailers ,
State Legislatures ,
Subscription Services
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
On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a “permanent injunction” under Section 13(b) of the Federal Trade Commission Act does not...more
Ring in the new year by avoiding marketing practices that could result in class actions, regulatory enforcement actions, and competitor claims. Here are five advertising and marketing law takeaways for brands and legal teams...more
12/15/2020
/ Advertising ,
Automatic Renewals ,
Brand ,
Charitable Sales Promotion ,
Coronavirus/COVID-19 ,
Endorsements ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Price Gouging ,
Subscription Services
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
7/22/2020
/ Advertising ,
Best Practices ,
Brand ,
Consumers ,
Enforcement ,
Federal Trade Commission (FTC) ,
Green Guides ,
Marketing ,
Risk Management ,
Sustainability ,
Truth in Advertising
The U.S. Supreme Court held this week that willfulness is not a prerequisite for an award of profits for violation of Lanham Act § 43(a), 15 U.S.C. § 1125(a), resolving a longstanding circuit split. Romag Fasteners, Inc. v....more
4/29/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Resolve this new year to avoid advertising mistakes that could result in class actions, regulator enforcement, or competitor claims. Five advertising law takeaways for brand and legal teams to consider for 2020 follow....more
12/13/2019
/ Advertising ,
Best Practices ,
Cannabidiol (CBD) oil ,
Compliance ,
Consumer Review Fairness Act (CRFA) ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media
The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies...more
1/21/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
11/29/2018
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Review Fairness Act (CRFA) ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
ROSCA ,
Social Media ,
Subscription Services ,
Truth in Advertising
This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more
This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more
As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls.
Title III of...more
8/3/2016
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Commercial General Liability Policies ,
Department of Justice (DOJ) ,
Disability ,
Disability Discrimination ,
E&O Insurance ,
Insurance Industry ,
Point of Sale Terminals ,
Public Accommodation ,
Title III ,
Website Accessibility
The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more
A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more