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Influencers on the "Free Stuff" Train Require Monitoring for False Claims

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

5 Key Takeaways | Advertising Counseling, Substantiation, and Disputes 101

Kilpatrick hosted a webinar on May 8, 2025, focused on advising lawyers about the legal issues involved with advertising claim substantiation and handling advertising disputes. The event featured Kilpatrick lawyers Barry...more

Key Takeaways from Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps [Video]

Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more

Takeaways | Key Takeaways from the Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps

Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more

5 Key Takeaways - Claim Substantiation: You Better Be Able to Prove That You Are Better, Bigger, Stronger, and Faster Than the...

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a panel at the ANA’s 2024 Masters of Advertising Law Conference, titled "Claim...more

5 Key Takeaways - Marketing to Kids: New U.S. Privacy and Social Media Safety Laws Impact Advertising Compliance

With increasing scrutiny on how companies handle personal data of children under 18, several new laws are reshaping the legal landscape. Even companies that may not intend to direct their services to children still need to be...more

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

5 Key Takeaways - Hot Topics in Advertising Claim Substantiation

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a continuing legal education program alongside Laura Brett, head of the National...more

T-Mobile NAD Challenge of Charter Advertising Results in Referral to FTC Upon Charter Declining to Participate

The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those...more

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more

5 Key Takeaways - "Advertising Claim Substantiation: Challenging Competitor Claims and Substantiating your Own," from the 2023 ANA...

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to moderate a panel at the ANA’s 2023 Masters of Advertising Law Conference, titled Advertising...more

FTC Updates its Endorsement Guides: How to Engage with Influencers in the Social Media Age

On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different...more

Greenwashing Claims - Fashionable or Fashion Faux Pas?

Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more

Aspirational Environmental Green Advertising Claims: Don’t Over-Promise Current Impacts and Be Sure to Substantiate Claims

On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer...more

6 Key Takeaways | Advertising Claims Substantiation: The Building Blocks of Success [Video]

New York Managing Partner and chair of Kilpatrick Townsend’s Advertising and Marketing group, Barry Benjamin recently co-presented with Pamela Deese, partner at ArentFox Schiff, at a pre-conference workshop from the 2023 ACI...more

2/16/2023  /  Advertising , Compliance , Marketing

6 Key Takeaways - Advertising Claims Substantiation: The Building Blocks of Success

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to recently co-present with Pamela Deese, partner at ArentFox Schiff, at a...more

Advertising Law Issues: 2022 Look Back and 2023 Look Ahead

(a/k/a You can’t know where you’re going unless you know where you’ve been) - For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more

December Monthly Minute | The National Advertising Division (NAD) [Video]

Once a month, we cover an interesting topic around 60 seconds. This month, partner Barry Benjamin shared his thoughts on the National Advertising Division....more

12/14/2022  /  Advertising , False Advertising , Marketing , NAD

5 Key Takeaways | Nuts and Bolts of NAD Proceedings [Video]

Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present at a session from the 2022 ANA Masters of Advertising Law...more

5 Key Takeaways - Nuts and Bolts of NAD Proceedings

Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at...more

October Monthly Minute | Advertising Best Practices to Avoid ESG Pitfalls [Video]

Once a month, we cover an interesting topic in 60 seconds. This month, partners Farah Cook and Barry Benjamin shared their thoughts on some of the best advertising practices for avoiding ESG pitfalls....more

Key Takeaways & Recommendations from ACC Presentation: Bringing Clarity to an ESG Grey Area: Advertising Claims

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Jessica Hiney, Associate General Counsel with PVH Corp., and Farah...more

5 Key Takeaways - ESG Advertising and Endorsement Guides Updates

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at BBB...more

Recent Updates to the Federal Trade Commission's Endorsement Guides

The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on...more

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