News & Analysis as of

Advertising

Celebrities, personality rights and privacy: what marketers need to know about permission

by Smart & Biggar on

William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Class Action Aims to Catch Canned Salmon Manufacturer for False Advertising

by Reed Smith on

A class action complaint was recently filed against Bumble Bee Foods, LLC (“Bumble Bee”), the makers of canned fish and seafood. The false advertising lawsuit stems from the plaintiff’s assertion that Bumble Bee falsely...more

FTC Issues Staff Report on Consumer Recognition of Paid Advertising

by Davis Wright Tremaine LLP on

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the...more

AOL Outlaw Must Bear the Burden of Proving Who Pays the Price

On January 9, 2018, the Second Circuit (Kearse, Cabranes, Wesley) rejected a request by ex-AOL Inc. employee Jason Smathers to junk the restitution component of his sentence, which requires him to recompense the online...more

Digital discrimination: Targeted ads don’t reach all potential applicants

by McAfee & Taft on

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

FDA 2017 Year in Review

by McDermott Will & Emery on

The US Food and Drug Administration’s (FDA’s) 2017 regulatory agenda was marked by inactivity in the months following the presidential inauguration. Since FDA Commissioner Scott Gottlieb’s Senate confirmation in May 2017, the...more

New Compliance Warning: Interest-Based Video Ads Must Provide Notice and Choice

The Online Interest-Based Advertising Accountability Program recently warned that it will require interest-based video ads to provide transparency and control to viewers by April 1, 2018....more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...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

FTC Not in Love With AdoreMe’s Marketing

The Federal Trade Commission showed no love for an online lingerie marketer’s negative option membership program when it reached a settlement that requires AdoreMe to return more than $1.3 million to customers....more

AD-ttorneys@law

by BakerHostetler on

A basic tactic of shady internet advertisers relies on blurring the lines between “real” content and advertisements. Enough users are duped in this fashion to make the practice commonplace (and lucrative). Ad producers blend...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Brands Tap Into GM’s In-Vehicle Marketplace Feature

by Reed Smith on

In early December, General Motors Co. (“GM”) unveiled Marketplace, an in-vehicle commerce platform facilitating on-demand goods and services, including the ability to make reservations, order food, and locate the nearest gas...more

Trademark Priority: Risks of Too Much Secrecy and "Use in Commerce"

by Revision Legal on

Trademark protection in the United States is based on “use in commerce.” Sometimes, competing businesses arrive at the same branding concept at about the same time, raising questions of trademark priority. With respect to...more

FDA Resets Enforcement Priorities for OTC Homeopathic Drugs

Happy New Year! And now on to your regular Consumer Product Matters programming… Another Federal agency with a consumer-protection mandate has taken a significant step to reset compliance expectations and enforcement...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

Fitbit Can’t Put Sleep-Tracking Claims to Bed

Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more

To Cease and Desist Letters—Dilly Dilly

Taking a unique spin on a standard legal document, Bud Light recently sent a medieval town crier to deliver a cease and desist letter to Modist, a Minnesota brewery....more

TTB Updates to the Semi-Annual Regulatory Agenda

by McDermott Will & Emery on

Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)....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

Questions of Consent Preclude Class Certification

Finding that too many questions remained about individual consent, an Illinois federal court judge denied certification of a class that allegedly received fax advertisements....more

Harnessing hidden advertising: Pitfalls of engaging consumers on social media

by DLA Piper on

In the May 2017 special edition of Law à la Mode (Issue 23), we set out five tips for navigating native advertising with a view to FTC compliance under US law. In this edition, we reconsider the issue from the angle of EU...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Modern Recruiting Hits a Snag

by Sherman & Howard L.L.C. on

The former general counsel of the EEOC under President Obama leads a team that is giving many, many employers an early holiday nightmare. A union and a class of plaintiffs are seeking damages from a class of employers; if...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

by Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

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