Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more
9/19/2024
/ Advertising ,
Artificial Intelligence ,
Consumer Privacy Rights ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Greenwashing ,
Influencers ,
Marketing ,
NAD ,
Online Reviews ,
Privacy Laws ,
Social Networks ,
Website Design ,
Websites
Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on...more
1/19/2023
/ Advertising ,
Dietary Supplements ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Marketing ,
New Guidance ,
Scientific Evidence
The FTC announced that it had sent more than 700 Notice of Penalty Offense letters to major advertisers, leading retailers, large consumer product companies and major ad agencies to put everyone on notice that fake consumer...more
10/15/2021
/ Advertising ,
Civil Monetary Penalty ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Misleading Impressions ,
Misrepresentation ,
NAD ,
Online Advertisements ,
Online Endorsements ,
Regulatory Violations ,
Unfair or Deceptive Trade Practices
Last week, we blogged about Fiji Water being sued for posting a meme of the Fiji Water Girl and using cardboard cutouts of her image in advertising. Well, Fiji Water is splashing back – They filed a cross-complaint alleging...more
Avid readers or this blog know that the FTC spends as much time on Instagram and other social platforms as your favorite millennial, but who knew that the SEC also spends it’s working hours perusing posts on popular social...more
12/17/2018
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Influencers ,
Initial Coin Offering (ICOs) ,
Online Advertisements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Social Networks
We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more
9/26/2018
/ Advertising ,
Chamber of Commerce ,
Federal Trade Commission (FTC) ,
Health Claims ,
Market Research ,
Marketing ,
NAD ,
Online Advertisements ,
Online Reviews ,
Social Networks ,
Technical Conference
We blogged last week about a recent National Advertising Division case involving a Kimberly-Clark ad campaign that illustrated the well-known NAD maxim: “an advertiser is responsible for all reasonable interpretations of its...more
Almost every NAD case begins with the maxim: It is well-established that an advertiser is responsible for all reasonable interpretations of its claims, not simply the messages it intended to convey. It follows that...more
You’ve heard it before and you’ll hear it again – Stay away from any advertising or promotional ideas that suggest authorization, sponsorship or an official connection to the Olympics. This means not using the Olympic Rings...more
Did you catch that Dodge commercial everyone is talking about with the Rev. Dr. Martin Luther King Jr. voiceover? Many viewers took to Twitter last night to express their belief that the use of the speech to sell trucks was...more
We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more
We’ve blogged a few times about consumers’ rights to post negative reviews online, and what businesses should know about the Consumer Review Fairness Act (the “CRFA”), but what happens if you are lucky enough to receive so...more
As we blogged about earlier this month, the FTC seems to have spent much of its summer checking out influencer advertising and focusing its attention on those who fail to make the necessary disclosures of material connections...more
In previous posts, we’ve discussed the Federal Trade Commission’s significant enforcement efforts focused on two hot button issues: unsubstantiated health marketing claims and deceptive product endorsements. Once again, both...more
Medical endorsements can be powerful selling tools for health care products. But if a medical professional has a connection to the company marketing the products that would be material to consumers in evaluating the...more
Late last week, the FTC Business Center Blog posted a short but important entry on health-related advertising representations entitled 5 principles to help keep your health claims healthy. This friendly reminder highlights...more
In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more
6/3/2015
/ Advertising ,
Contests & Promotions ,
Corporate Counsel ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Social Media ,
Sweepstakes ,
Testimonial Statements
Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the...more
12/9/2014
/ Advertising ,
Consent Order ,
Disclosure ,
Enforcement Actions ,
Facebook ,
Federal Trade Commission (FTC) ,
Media ,
Popular ,
Printed Publications ,
Social Media ,
Sony ,
Television Commercials ,
Twitter