The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more
The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a...more
Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a...more
Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program. The...more
Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present at a session from the 2022 ANA Masters of Advertising Law...more
Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more
On April 19, 2022, the BBB National Programs' Center (BBB NP) for Industry Self-Regulation launched the TeenAge Privacy Program (TAPP) Roadmap, a new operational framework to help companies develop digital products and...more
In a pair of recent decisions, the National Advertising Division (NAD) of BBB National Programs examined the use of emojis in advertising and found in at least one case that emojis can make expressly disparaging statements....more
Cough relief claims for Zarbee’s, Inc., cough products were challenged by a competitor, Maty’s Healthy Products, LLC, with the National Advertising Division (NAD) of BBB National Programs. Both companies sell honey-based...more
Even before COVID-19 had turned each of us into an amateur epidemiologist, companies in nearly every industry had begun to recognize the magnetic appeal of health and wellness claims in consumer advertising. Marketers of...more
If you’ve never had insomnia, consider yourself lucky. For the rest of us still awake at 3:00 am trying to count sheep, the promise of a plush mattress made out of clouds seems like a dream come true....more
In February, 2020, Kilpatrick Townsend hosted two BBB National Programs events on Hot Topics in Advertising and Privacy Law, first in its San Francisco on February 11 and then in its Atlanta office on February 26. Barry...more
A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more
The FTC alleged that UrthBox did not disclose that some consumers received compensation, including free snack boxes, to post positive reviews. In addition, UrthBox offered “free” trial boxes during this time that resulted...more
The NAD case between AT&T and T-Mobile is just the latest development in the ongoing battle over 5G, the next generation of technology for wireless networks. All of the wireless providers are racing to upgrade their existing...more
This month, two self-regulatory bodies that are administered by Better Business Bureau National Programs, Inc. (BBB), referred two different companies to the Federal Trade Commission (FTC) for investigation. First, on...more
The Direct Selling Association (DSA) announced the establishment of a new direct selling self-regulatory program that will be administered by the Council of Better Business Bureaus (CBBB)....more
The Better Business Bureau announced a new online tool that allows consumers to report suspicious or questionable ads directly to the organization....more
Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative...more
“Big Data” Mergers Should Trigger Regulatory Investigation, Groups Say - The Federal Trade Commission should take a closer look when companies with “big data” consolidate or merge, consumer groups recently urged. ...more
The Better Business Bureau announced last Thursday that it has amended its Code of Advertising to address the new and evolving ways in which advertisers reach consumers through technology. The Better Business Bureau is the...more
With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more