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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

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

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

[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

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

5 Key Takeaways - Advertising and Privacy Law: The BBB National Programs, NAD, CARU, and the Hottest Topics

In February, 2020, Kilpatrick Townsend hosted two BBB National Programs events on Hot Topics in Advertising and Privacy Law, first in its San Francisco on February 11 and then in its Atlanta office on February 26. Barry...more

KTS Advertising Law Guides: Anatomy of a False Advertising Challenge

At some point in any lawyer’s career, it is likely that a client will come to them demanding action about a competitor’s false advertising. Whether the competitor is lying in an explicit comparison with your client’s product...more

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