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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

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

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

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

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

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

“Sustainability” Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

"Sustainability" Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

5 KEY TAKEAWAYS: Sweepstakes Law - NYC Bar Association’s CLE Program on Marketing and Advertising Law

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more

Sensory Advertising Claims: Whether it’s More Comfy, Smells Worse, or Tastes Better, Back Up the Claim with Data

Better taste. More authentic smell. Covers up odor better. More comfortable fit. These kinds of human-sense-based advertising claims are potent advertising tools, but pose difficult challenges for advertisers to prove and...more

5/18/2021  /  Advertising , Marketing , NAD

“Congrats and Thanks” U.S. Olympic Committee Expands Personal Sponsorship Marketing for Athletes and Sponsors at Tokyo 2020

Brands will attempt to advertise and get their message through wherever people are watching, and people watch the Olympic Games in large numbers. Thus, just as official paid sponsorships of the Games is quite costly, other...more

Advertising Claim Substantiation Requirements and Legal Clearance Process

Selling. It’s the lifeblood of capitalism and is ultimately a company’s primary goal. To sell, a company must distinguish itself in the marketplace, and the way to do that is often by making claims. However, the law requires...more

5 Key Takeaways: Retail & Consumer Goods Industry Team Presentation “In the Trenches with Social Media”

Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of...more

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