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
More and more, we see trademark applications being filed for cultural phenomena, viral sensations and catchy hashtags. We’ve covered this topic before. Do you remember #covfefe?...more
This week, the FTC finalized an order settling a complaint alleging that an online fashion retailer blocked negative reviews of its products on its e-commerce site. The penalty: a $4.2 Million fine, 10 years of record keeping...more
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
At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon....more
Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars....more
11/18/2020
/ Business Development ,
Cannabidiol (CBD) oil ,
Contests & Promotions ,
Coronavirus/COVID-19 ,
Digital Media ,
Drug & Alcohol Abuse ,
Food Labeling ,
Influencers ,
Marketing ,
Media ,
Online Reviews ,
Professional Conferences ,
Wine & Alcohol
The FTC recently announced a regulatory review of its Endorsement Guides, which provide guidance to marketers to ensure that endorsements and testimonials for products and services are not misleading, particularly as to...more
Gigi Hadid’s done it, P. Diddy’s done it and now Kim Kardashian.
Like any good social media influencer, Kim Kardashian posts photos of herself on her Instagram account. Back in October of 2018, she posted a rare picture of...more
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
Last week, we blogged about Gigi Hadid getting sued for reposing a photo of herself on Instagram and the post received a lot of interest. So we thought we’d also let you know about Fiji Water Company, LLC getting sued for...more
Earlier this week, a company called Xclusive-Lee, Inc. filed a complaint in federal court against the fashion model Gigi Hadid (real name Jelena Noura Hadid) alleging willful copyright infringement when Gigi reposted a photo...more
American Airlines recently scored a major win by convincing the Copyright Office to reverse its refusal of an application to register the “American Airlines Flight Symbol.”
American Airlines reached its final destination...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
There is a little-known, even lesser-enforced, section of the United States Code that actually prohibits the printing of the American flag on paper napkins and other disposable products like paper plates, cups and boxes. The...more
The FTC announced an enforcement action last week that focused on two hot button issues – unsubstantiated health claims and failure to disclose material connections between endorsers and product marketers. In re Mikey & Momo,...more
If you were a devoted listener of season one of Serial, you probably already know that last month the Maryland Court of Special Appeals decided that Adnan Syed deserves a new trial. What you may not know is that three days...more
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
Yes, you read the title of this post correctly – Judge Rogers of the Northern District of California granted summary judgement in favor of Starbucks in a proposed class action lawsuit alleging that the coffee company deceived...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