News & Analysis as of

Advertising

Lawmakers Speak Out Against Ad Tax Changes

Legislators are pushing back against a proposed alteration to the tax code that would—for the first time—change the treatment of advertising expenses....more

How to gather snowflakes: big data, AI and predictive analysis of customers

by DLA Piper on

Ask people to think of something unique, and it doesn't take long before they mention the snowflake: fragile, perfect, utterly individual and completely different from every other snowflake that has ever fallen. And surely...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

UK Advice on Mental Health in Advertising

by Hogan Lovells on

On the back of a number of high profile initiatives to raise awareness of mental health issues in the UK this year, the UK Committee of Advertising Practice (CAP) has published a timely reminder for advertisers of how mental...more

Calif.’s “Mass Mailing” Rule Amended by SB 45 - Certain Government-Funded Mailings Prohibited 60 Days Before an Election

by Best Best & Krieger LLP on

Two changes were made to the California Political Reform Act when Gov. Jerry Brown signed SB 45 last month. The first is a technical amendment that codifies the FPPC regulations directly into the Act. More importantly,...more

Classic Trademark Fair Use of Google Mark?

by Winthrop & Weinstine, P.A. on

North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example....more

AD-ttorneys@law

by BakerHostetler on

Internet technology has slowly grown to rival and in some cases supplant traditional broadcast news sources. In the wake of this sea change, long-established certitudes about the role played by media providers are being...more

TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent

by BakerHostetler on

A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act...more

Instagram Expands its Influencer Tool, but is it Enough?

by Kelley Drye & Warren LLP on

In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more

Tito’s Taste Test Claims Leave Bad Taste for NAD

Tito’s Handmade Vodka promised to stop using claims that consumers preferred the taste of its product in a challenge brought by competitor Absolut Spirits Co. before the National Advertising Division (NAD)....more

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Adverse Event Reports for Food, Supplements and Cosmetics Are Now Publicly Available: What Manufacturers Need to Know

by Pepper Hamilton LLP on

Enhancing transparency has been one of the FDA’s top priorities for nearly a decade. In late 2016, the agency continued to advance this goal by publishing data relating to food, cosmetics and dietary supplements from its...more

Advertising Your Glowing Online Reviews – How To Substantiate Ad Claims Based on Consumer Reviews

by Dorsey & Whitney LLP on

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

Court Says “Lights Out” on UL Certification Lanham Act Claim

Last week, a federal judge in Manhattan examined the intersection of false advertising and trademark infringement law in connection with the alleged misuse of a certification mark, and found the plaintiff to be entitled to...more

The Adviser: A Quarterly Update for Private Funds - November 2017

by Bryan Cave on

For several years the U.S. Securities and Exchange Commissions (“SEC”) has focused its enforcement efforts on how private fund advisers allocate fees and expenses to their fund clients and the adequacy of their disclosures to...more

Rosland Drops “What’s in Your Safe” Tagline?

Cause and effect is difficult to establish when all the relevant facts have not been assembled. We certainly don’t claim to have all of them here, with Rosland Capital’s current TV commercial. ...more

Buccaneers Could Lose On and Off the Field: Attempt to Reverse Auction TCPA Class Settlement Batted Down by Eleventh Circuit

by Hinshaw & Culbertson LLP on

A leading Plaintiff's TCPA firm filed a class action against the Buccaneers in 2013, arguing certain company faxes violated the TCPA. The faxes in question contained advertisements promoting football ticket sales, and were...more

AD-ttorneys@law

by BakerHostetler on

Plaintiffs’ lawyers in a class action against Neutrogena were fighting hard in the Central District of California in October 2017. The plaintiffs were trying to win class certification for a group of consumers who allegedly...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

New SAG-AFTRA Waiver for Low-Budget Digital Productions

Advertisers will soon be able to take advantage of a new waiver for digital low-budget commercial productions. In a joint announcement, the Screen Actors Guild-American Federation of Television and Radio Artists...more

Branding Stories Around The Lack of Memory

I’ve been meaning to write about a TV commercial for a while, but I keep forgetting to do it. Perhaps I need the very product being advertised in the commercial, because what gained my attention was the clever tagline...more

SEC Risk Alert Highlights Most Frequent Investment Adviser Advertising Rule Violations

The SEC's Office of Compliance Inspections and Examinations (OCIE) issued a risk alert summarizing the compliance issues most frequently identified in SEC-registered investment advisers' deficiency letters with respect to...more

#TidalTuesday #UseInCommerce #RegistrationFail

by Dorsey & Whitney LLP on

A recent decision by the Trademark Trial and Appeal Board in Tidal Music AS v. The Rose Digital Entertainment LLC (Opp. No. 91232127) confirms the importance of ensuring proper use of a service mark before filing an...more

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