2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more
Last month, New York quietly proposed a bill intended to protect children from advertising of unhealthy foods and the "disastrous health outcomes that follow the overconsumption of these products," suggesting that such...more
In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
The Association of National Advertisers (ANA) Masters of Advertising Law Conference took place in sunny Orlando, Florida – aka The Happiest Place on Earth. And what a fitting location to discuss the flurry of activity in the...more
While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more
When the FTC announced it was doing a workshop focused on children’s digital marketing that would be followed by a Staff Report, I was as giddy as a kid on Halloween. But now I feel like I got more tricked than treated,...more
The U.S. Federal Trade Commission (“FTC” or “the Commission”) maintains Guides Concerning Use of Endorsements and Testimonials in Advertising to “set forth the general principles that the Commission will use in evaluating...more
On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more
We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising. On the hot...more
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking...more
On July 26, 2022, the Request for Comment approved by the Federal Trade Commission (FTC or Commission) in May seeking public input on a number of proposed changes to the FTC’s Guides Concerning the Use of Endorsements and...more
In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more
No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active...more
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021. Ostheimer has been with the FTC for three decades, currently serving as a...more
The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more
Punked, dunked, and owned — if you’re young enough, that’s how you say your team has crushed a competitor. The lingo might well describe, too, the situation for now between e-cigarette maker Juul and Scott Gottlieb,...more
2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more
Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more