With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more
2/23/2024
/ Advertising ,
Artificial Intelligence ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
Endorsements ,
Enforcement Actions ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Influencers ,
Legislative Agendas ,
Marketing ,
Marketing Perspectives ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
Subscription Services
The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more
8/4/2023
/ Advertising ,
Brand ,
Copyright ,
Disclosure ,
Disclosure Requirements ,
E-Commerce ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Intellectual Property Protection ,
Marketing ,
Online Platforms ,
Online Reviews ,
Social Media ,
Trademarks ,
Websites
Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more
7/28/2023
/ Advertising ,
Brand ,
Climate Change ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Green Marketing ,
Marketing ,
Recycling ,
Retailers ,
Sustainability
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more
As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more
Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more
12/30/2022
/ Advertising ,
Consumer Reports ,
Contests & Promotions ,
Endorsements ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Regulatory Agenda ,
Retail Market ,
Retailers
Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. In fact, a recent study found that, on average, three out of five (64%)...more
To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in...more
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more
2/4/2022
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Marketing ,
Marketing ,
Notice Requirements ,
Privacy Laws ,
Risk Mitigation ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways.
1....more
12/17/2021
/ Advertising ,
Attorney General ,
Automatic Renewals ,
Class Action ,
Compliance ,
Disclosure ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Policies and Procedures ,
Retailers ,
State Legislatures ,
Subscription Services
Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation....more
Ring in the new year by avoiding marketing practices that could result in class actions, regulatory enforcement actions, and competitor claims. Here are five advertising and marketing law takeaways for brands and legal teams...more
12/15/2020
/ Advertising ,
Automatic Renewals ,
Brand ,
Charitable Sales Promotion ,
Coronavirus/COVID-19 ,
Endorsements ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Price Gouging ,
Subscription Services
Brands continue to build their sustainability and environmental marketing programs in response to consumer demand. A recent report found that nearly eight out of ten consumers are making sustainability-based purchase choices....more
7/22/2020
/ Advertising ,
Best Practices ,
Brand ,
Consumers ,
Enforcement ,
Federal Trade Commission (FTC) ,
Green Guides ,
Marketing ,
Risk Management ,
Sustainability ,
Truth in Advertising
Resolve this new year to avoid advertising mistakes that could result in class actions, regulator enforcement, or competitor claims. Five advertising law takeaways for brand and legal teams to consider for 2020 follow....more
12/13/2019
/ Advertising ,
Best Practices ,
Cannabidiol (CBD) oil ,
Compliance ,
Consumer Review Fairness Act (CRFA) ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media
Don’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches....more
11/29/2018
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Review Fairness Act (CRFA) ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
ROSCA ,
Social Media ,
Subscription Services ,
Truth in Advertising
This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more
The holiday season is around the corner, and retailers are planning their holiday marketing campaigns. Celebrity endorsements continue to be a popular way to bolster brand recognition and goodwill during the holidays and...more
The Federal Trade Commission (FTC) recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media...more
With the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price”...more
The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices. In doing so, the FTC issued a...more
New California Requirements Regarding "Do Not Track" Transparency and Advertising to Minors Have Substantial Effects on Advertisers, Ad Tech Companies, Website Publishers and App Developers -
California recently...more