Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies....more
We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York...more
In a New York State Court lawsuit filed on March 11, 2024, a small digital content developer called Nubai sued its former adtech vendor, Outbrain, for routing to it what it called primarily sophisticated invalid traffic ...more
In a recent decision, the United States District Court for the District of Missouri dismissed a putative class action complaint against Nike, in which the plaintiff had alleged that over 2,000 products in Nike's...more
Everyone hates “junk fees.” Just the name suggests that the junk fee refers to surprise, unnecessary charges, tacked onto advertised prices in a manner that is deceptive or unfair. The Biden Administration has announced a...more
Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more
In a diplomatically-worded report, yesterday the Association of National Advertisers (ANA) published its updated study: “Programmatic Media Supply Chain Transparency Study: Complete Report.” The report follows and updates...more
The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more
The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.”
On June 29, the FTC released final revised Endorsement Guides, the first...more
Between sips of rose at the Cannes Lions Awards in France this week, the ANA revealed a blockbuster report that shames the programmatic advertising industry. It purports to show that of about $88 billion spent each year by...more
In recent weeks, there has been a groundswell of so-called group "boycott" activity aimed at businesses that have publicly expressed solidarity with historically marginalized and underrepresented groups. Prominent examples...more
The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims, which deal with whether and...more
NAD has revised its SWIFT challenge rules to accept simple "implied" claims. The cases, for now, must still involve a single issue and the implied claims must be very obvious, akin to "necessary implication" matters....more
These days, articles about ESG are often tempered with mentions of a growing anti-ESG movement. Indeed, ESG has become a political wedge issue. The Wall Street Journal has reported that none other than Leonard Leo, of...more
In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023.
If the FTC decides to convert the Guides into a...more
Before law school, your academic history shows a strong interest in science, with a bachelor’s degree in biology from Yale University and a masters in marine biology from the University of Miami. Why did you decide to pursue...more
In a recent article, AdAge quotes top ad agency executives as saying that advertising about “value” is likely to be important in 2023: “[consumers] care about value as we continue to see inflationary pressure, so there will...more
The FTC just published an updated Health Products Compliance Guidance, which replaces its 1998 brochure, Dietary Supplements: An Advertising Guide for Industry. As the title indicates, the updated guidance covers all health...more
First issued in 1992 and most recently updated in 2012, the FTC's "Green Guides" are a series of written guidance and recommendations to any company wishing to advertise about the environmental attributes of products and...more