Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more
9/4/2024
/ Advertising ,
CAN-SPAM Act ,
Compliance ,
Data Privacy ,
Data Security ,
Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
Employment Policies ,
Enforcement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Penalties ,
Privacy Policy ,
Scams ,
Settlement
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more
On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
We are hot off of the green grass and preppiness that is Wimbledon. We are all burning for Paris right now with the Olympics. And who doesn’t dream of August in Croatia or Greece? European Vacation – yes, please....more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
On today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more
Pride Month has arrived. Flags are unfurled, pride parades are happening everywhere (well, sadly, not everywhere), and pride merch has arrived in stores near you and online. It’s always a month of ups and downs. ...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more
It seems like there is a nonstop stream of interesting developments these days with respect to advertising and marketing law, but only once in our careers has a colleague been in a movie, so we wanted to take a break from...more
Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing...more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
On today’s episode of AD Nauseam, Amy and Daniel talk about how the FTC has approached native advertising and what you need to know....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more
Some may be shocked that an advertising law blog is writing about the Bare Beauty Babes blog and Naked & Thriving, but it is not the implied nudity that should raise an eyebrow. Instead, it is the fairly scandalous takeaway...more
On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Sarah talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com; dkaufman@bakerlaw.com ;...more
There are folks who track NAD stats with the same passion as following a beloved sports team. I am not one of those people. That said, I have noticed there seem to be an awful lot of cases of late where the advertiser...more
A new NAD decision clarifies the line between qualified and unqualified Made in USA claims. The domestic origins insights are largely wrenched from power tool cases, as is this action involving Stihl. ...more
On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Nichole talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com;...more
When it rains, it pours! We just wrote about the National Advertising Division’s (NAD) beef jerky case finding that most claims of “clearly better” were boastful puffs and not comparative claims. But before we fully digested...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the National Advertising Division and talk about strategies to consider when your competitor is engaging in false advertising.
Questions & Comments:...more
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more
Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
Extra, Extra, Read All About It!
We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more
1/31/2024
/ Advertising ,
Breach of Contract ,
Breach of Duty ,
CARS Rule ,
Christian Louboutin ,
Compliance ,
COPPA ,
Educational Institutions ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Logos ,
Nonprofits ,
Rulemaking Process ,
TCPA ,
Trademark Infringement ,
Trademarks ,
Unfair Competition