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Berry Deceptive Claims, Dunkin’ Donuts Customer Claims

A plaintiff’s false advertising suit alleging he was deceived about the use of blueberries in Dunkin’ Donuts products will move forward after an Illinois federal court judge agreed that a reasonable consumer could have been...more

FTC Tests How Blurred the Ad Lines Are

Can consumers recognize an advertisement contained in search results or native advertising? In attempting to answer the question, the Federal Trade Commission shared research data in a new report....more

1/8/2018  /  Advertising , FTC , Native Advertising

Oh, the Places Copyright and Trademark Law Go!

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

Coming to Video Ads in 2018: Self-Regulation

Video advertising regulation will begin April 1, 2018, the Online Interest-Based Advertising Accountability Program announced this week with a Compliance Warning....more

Social Media Strives for Nice List This Holiday Season

In an effort to avoid unsavory or illegal posts, Instagram and YouTube have introduced new limitations on content. Instagram now warns users about posts that may link to animal abuse and harm. Hundreds of hashtags in the...more

CA Renews Auto Renewal Law

Advertisers, take note: California recently enacted changes to the law governing automatic renewal programs. Enacted in 2010, the California Automatic Renewal Law (ARL) mandated that companies clearly disclose the material...more

12/23/2017  /  Advertising , Automatic Renewals

Ninth Circuit: ESPN Prevails VPPA Dispute

In the latest attempt to apply the Video Privacy Protection Act (VPPA) to 21st-century technology, the U.S. Court of Appeals, Ninth Circuit affirmed dismissal of Chad Eichenberger’s lawsuit against ESPN Inc....more

Subway Loses in Sweepstakes Review Before CARU

When advertising sweepstakes to children, Subway must do a better job disclosing material information, the Children’s Advertising Review Unit (CARU) recommended in a new decision....more

12/14/2017  /  Advertising , CARU , Sweepstakes

Up Next: Next Gen TV

Targeted ads on television are likely in the future after the Federal Communications Commission gave the thumbs up to Next Generation TV technology in a recent vote....more

New York AG Wants to SHIELD State From Data Breaches

In the wake of the Equifax data breach, New York Attorney General Eric T. Schneiderman introduced a new measure to “close major gaps” in the state’s “weak and outdated” data security laws....more

Celebrity Influencers Now Causing Trouble With … Investments?

The new trend in celebrity endorsements without disclosing connections or affiliations: promoting stocks and other investments, according to a Public Statement from the Securities and Exchange Commission....more

Ninth Circuit: Let’s Talk About Comic-Con

The U.S. Court of Appeals for the Ninth Circuit reversed a protective order in the dispute over the “Comic-Con” trademark, finding that a prohibition on the defendants from discussing the case on social media was...more

Don’t Play Around With Disclosures, CARU Tells Toy Channel

In a recent decision, the Children’s Advertising Review Unit (CARU) called for more prominent disclosures of ad content on a child-directed YouTube channel....more

11/20/2017  /  Advertising , CARU , Children's Toys

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

11/15/2017  /  Audio Recording , COPPA , Data Collection , FTC

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

Toy Website Can’t Play Around With COPPA

In considering a toy website’s online promotion, the Children’s Advertising Review Unit recommended that the company improve its privacy practices in order to comply with the Children’s Online Privacy Protection Act (COPPA)...more

Quaker Dodges False Ad Suit Over Mislabeled Oatmeal

A California federal court judge sided with Quaker Oats Co., ruling that it did not engage in false advertising by dubbing several varieties of its instant oatmeal “Maple & Brown Sugar,” even though the products did not...more

10/26/2017  /  False Advertising , FDCA , Food Labeling

Colts Fail to Score Motion to Dismiss Eavesdropping Suit

Moving the chains forward for the plaintiff, an Indiana federal court judge said allegations that the Indianapolis Colts’ mobile app eavesdropped on users were sufficient to survive a motion to dismiss....more

California AG Thirsty for Action Against Gatorade

The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company....more

Twitter Considers Double-Length Tweets

What does Twitter’s doubling of the 140-character limit mean for advertisers? - The expansion of the microblogging site’s longtime limit to 280 characters is designed to encourage more tweeting, the company said. “Our...more

10/17/2017  /  Advertising , Social Media , Twitter

Affiliate Marketing 101

“What’s affiliate marketing? Should I care?” - The Federal Trade Commission attempted to answer these questions in a new blog post directed to consumers, explaining how the industry works and how to avoid scams....more

Comic-Con’s Copycat Convention Suit Moves Forward

A jury will decide if the term “Comic-Con” is generic after a federal court judge in California recently denied summary judgment in favor of the trademark holders....more

Retail and Consumer Products Law Roundup - September 2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

Ninth Circuit Examines VPPA Standing

After concluding that the plaintiff in Robins v. Spokeo has Article III standing to pursue his case, the U.S. Court of Appeals, Ninth Circuit may be considering a similar issue in the context of the Video Privacy Protection...more

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties....more

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