News & Analysis as of


Departure From Industry Standard Testing Arrives at NAD Disapproval

The National Advertising Division vacuumed up a dispute over cleaning claims in a challenge brought by Dyson Inc. against competitor SharkNinja LLC....more

The Italian Supreme Court rules on the liability of broadcasters for unlawful advertising of medical devices

by Hogan Lovells on

By decision No. 10892 published on 7 May 2018, the Italian Supreme Court ruled on an appeal brought by the Ministry of Health against a decision of the appellate Court of Padua in a case concerning the administrative...more

Electronic Retailing Self-Regulation Program

by Fox Rothschild LLP on

When hoping to resolve advertising concerns or disputes quickly and easily, companies should not only consider utilizing the National Advertising Division (“NAD”), but also the potentially lesser-known Electronic Retailing...more

A Guy Unexpectedly Walks into a TSA Bag Inspection: Don’t Let TSA Snag your Swag and Other Promotions Gone Awry

by Verrill Dana LLP on

With the increasing popularity of beer tourism and the statistics on brand loyalty (or lack thereof) among craft beer lovers, breweries may be looking for ways to promote their brand and keep their brewery’s name on the lips...more

New York Court Finds Coverage for TCPA Claims

A New York federal district court recently held that US Coachways, a bus charter broker, was entitled to coverage under its professional liability policy for the costs paid to settle a TCPA class action arising from the...more

The FTC Shines the Light on Hidden Fees and Hidden Disclosures: A Cautionary Tale for Advertisers

Surely we have all seen those television and online ads promising “no hidden fees” on services. It seems to have become the norm, as banks, mortgage lenders, and other businesses compete to lure consumers, using the promise...more

Don't Advertise. Be Patient and Build Your Practice

by Stange Law Firm, PC on

Within the legal industry, there is still a mindset that attorneys should not advertise. Instead, lawyers should simply be patient and build their practice. For most lawyers, they have surely heard statements like this...more

Rapala’s 2018 Fishing Opener Billboard Ads

What would Mother’s Day be, at least in Minnesota, without the fishing opener near by? What would another fishing opener be without Rapala’s distinctive slate of billboard ads? Here is an engaging pair of billboard ads...more

With Craigslist Ad, Plaintiff Provided Consent for Contact

A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida...more

Verification Fax Found to Be Advertising

Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)? Yes, an Illinois federal court recently declared, denying the defendant’s...more

Happy Chickens in a Line (Claim)

by Kelley Drye & Warren LLP on

The NAD recently announced a decision in which it analyzed whether consumers would interpret claims in two commercials about Perdue’s happy chickens and organic practices to apply to all of the company’s chickens or only some...more

Taking Your Real Estate Investments “On Tour”

Consider that you are a professional violinist who lives in Maryland. To build your career as a solo violinist you are planning your first tour to Pennsylvania and Ohio, and you need to attract local audiences in those...more


by BakerHostetler on

In This Issue: - California Voters Likely to Decide Consumer Privacy Rules - Finally, a Full House - Under Scrutiny - Action Filed Against Clif Bar for Misleading Advertising for Sugary Bars... ...more

NARB Turns Down Mascara’s Volume Claims

Lacking evidence to back up “before” and “after” pictures and the statement “1,944% more volume,” Too Faced Cosmetics LLC should discontinue the claims it’s making about its Better Than Sex original and waterproof mascaras,...more

CVS Brings ‘Real Life Beauty’ to Ads

Just three months after announcing it will no longer use touched-up images in its beauty ads, CVS Pharmacy released the first advertisements of its new campaign....more

Real Estate Firms in the Digital Advertising Era: Are You Thinking about the Risks?

Digital advertising is exploding. In just the first six months of 2017 alone, internet advertising revenues exceeded $40 billion. Promoted ads are dominating social media platforms like Facebook and Twitter, and it is...more

Florida AG Files Complaint Against Restaurant for Allegedly Deceptive “Locally Sourced” and “Sustainable” Claims

by Kelley Drye & Warren LLP on

Florida attorney general Pam Bondi filed a complaint last week against Icebox Cafe, L.C. alleging that the restaurant violated Florida’s Deceptive and Unfair Trade Practices Act by making misleading claims that its food...more

USDA’s AMS Issues Proposed Rule on National Bioengineered Food Disclosure Standard

by Hogan Lovells on

On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016....more

Uncertain Case of Google Trademark Fair Use

Aren’t digital advertising billboards amazing? My iPhone captured this rolling series of images just yesterday, for a health care organization using the Google trademark in the Minneapolis skyway...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

Food Advertising Update/Reminder

by Fox Rothschild LLP on

Although they may not immediately connote a traditional form of advertising, food menus and labels serve as a form of advertising in the minds of many consumers and are regulated by Food & Drug Administration (“FDA”). Read...more

How Can They Do That? A Question Many Commercial Co-Venturers Love to Ask

by Verrill Dana LLP on

Advertising lawyers when giving advice to clients on promotional programs and advertising disclosures are always asked by their clients, why must we do it that way when XYZ company isn’t? The answer is usually somewhere...more

NAD Recommends LG Modify TV Claims

LG Electronics should modify or discontinue certain claims for its Super UHD and OLED television sets, the National Advertising Division has recommended....more

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

FDA Issues Guidance on Concentrated Caffeine - The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more

Marketing To Children

by Fox Rothschild LLP on

When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims....more

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