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Advertising Disclaimers

Wiley Rein LLP

Federal Electioneering Communication Rules Apply Starting September 6; May Impact Your Grassroots Lobbying

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The federal rules for electioneering communications kick in on September 6, 2024, and run through Election Day. These rules could affect your grassroots lobbying during this 60-day period if your ads are on radio or...more

BakerHostetler

Matching Your Demo to Your Real-Life Testing Proves to Be a Rough Workout at NAD

BakerHostetler on

Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing...more

BakerHostetler

When #Ad Just Won’t Cut It

BakerHostetler on

Some may be shocked that an advertising law blog is writing about the Bare Beauty Babes blog and Naked & Thriving, but it is not the implied nudity that should raise an eyebrow. Instead, it is the fairly scandalous takeaway...more

BakerHostetler

NAD Drills Down on Made in USA Claims

BakerHostetler on

A new NAD decision clarifies the line between qualified and unqualified Made in USA claims. The domestic origins insights are largely wrenched from power tool cases, as is this action involving Stihl. ...more

Holland & Knight LLP

Conspicuous Disclaimers on Dietary Supplement's Label Lead to Dismissal of Lawsuit

Holland & Knight LLP on

In Dicroce v. McNeil Nutritionals, LLC, No. 21-11660, 2022 WL 16847696 (D. Mass. Nov. 10, 2022), a consumer brought a putative class action lawsuit under the Massachusetts laws prohibiting deceptive trade practices and false...more

BakerHostetler

FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

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In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary...more

Wiley Rein LLP

FEC Imposes New Disclaimer Requirements for Small Digital Ads

Wiley Rein LLP on

On Thursday, December 1, 2022, the Federal Election Commission (FEC) adopted new requirements for sponsor disclaimers on digital ads. FEC regulations have generally required full disclaimers (e.g., “Paid for by XYZ PAC and...more

Wiley Rein LLP

H.R. 1 Passes House; If Enacted, Would Significantly Change Campaign Finance and Lobbying Laws

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On March 3, the U.S. House of Representatives passed H.R. 1 by a 220-210 vote. As its designation indicates, the bill is a top priority for the Democratic majority in Congress and the Biden Administration. If enacted into...more

Sheppard Mullin Richter & Hampton LLP

NAD Recommends Improvements to Baby Monitor Performance Disclosures

Owlet Baby Care, Inc. advertised its “Smart Sock” baby monitor with prominent claims that the monitor offers parents “peace of mind,” and promises that babies will “be ok.” The ad message is qualified by disclaimers that the...more

Perkins Coie

FEC Releases NPRM for Disclaimers on Internet Communications

Perkins Coie on

The Federal Election Commission (FEC) took a step last week toward clarifying the “paid for by” and other disclaimer requirements that apply to political advertisements that appear on digital media. At its meeting on March...more

Ervin Cohen & Jessup LLP

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Cohen & Gresser LLP

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

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The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

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