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Advertising Regulatory Agenda

Sheppard Mullin Richter & Hampton LLP

California Takes Action Against Deepfakes: Five New Bills Signed Into Law

Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

Lippes Mathias LLP

New York Poised to More Actively Regulate the Pet Insurance Market

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The New York State legislature recently passed a bill that will, if approved by Governor Hochul, create a regulatory framework for the issuance of pet insurance in New York, mirroring similar legislation enacted in states...more

Foley Hoag LLP - Cannabis and the Law

New York Improves Cannabis Advertising Rules

New York’s Cannabis Control Board (“CCB”) proposed amendments to cannabis advertising and marketing rules and regulations. If approved, these new rules and regulations could expand the way cannabis dispensaries use...more

Troutman Pepper

2024 Mid-Year Review: State AGs Shaping Regulatory Landscapes

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In 2024, the landscape of state attorneys general (AGs) is poised for significant change, with numerous elections and regulatory actions reshaping priorities and enforcement strategies. This dynamic environment reflects the...more

Cozen O'Connor

The State AG Report – 7.18.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Gasoline Trading Firms to Pay $50 Million to Settle...more

McDermott Will & Emery

Growing Regulatory Focus on ‘Crossover Alcohol Products’

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As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more

BakerHostetler

[Podcast] AD Nauseam: Native New Yorkers and Native Advertising

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On today’s episode of AD Nauseam, Amy and Daniel talk about how the FTC has approached native advertising and what you need to know....more

Pillsbury Winthrop Shaw Pittman LLP

With Federal Efforts Stalled, States Take the Lead in Regulating the Use of Artificial Intelligence in Political Advertising

In the two months since we published our article on the use of artificial intelligence in political advertising, efforts to legislate and regulate the use of such media at the federal level in Congress and at the Federal...more

Manatt, Phelps & Phillips, LLP

The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024. Three parties who...more

Perkins Coie

Top Advertising Law Trends for 2024

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With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

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Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

Ballard Spahr LLP

Auto dealer trade groups challenge FTC CARS Rule in Fifth Circuit

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On January 5, 2024, two trade groups representing auto dealers filed a petition for review challenging the Federal Trade Commission’s (“FTC”) new Combating Auto Retail Scams Rule (“CARS Rule”). In the petition, the National...more

Sheppard Mullin Richter & Hampton LLP

Bookmark This!: Colorado Launches Universal Opt Out Mechanism List

In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short....more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker—December 2023

The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment...more

BakerHostetler

AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024

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On today’s episode of AD Nauseam, Amy and Daniel talk about what to expect in 2024 – from the FTC and from NAD. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

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Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

Smart & Biggar

Game on! Quebec overhauls legislative and regulatory framework for publicity contests

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This fall, on October 27, 2023, the Quebec National Assembly passed the An Act to Amend Various Provisions for the Main Purpose of Reducing Regulatory and Administrative Burden. With this Act, the Quebec government aims,...more

Manatt, Phelps & Phillips, LLP

Massachusetts AG Proposes Rule Regulating “Junk Fees” and Subscriptions

On November 30, Massachusetts Attorney General Andrea Campbell (the “AGO”) unveiled a new proposed rule regulating “junk fees” and consumer subscriptions (the “Proposed Rule”). The Proposed Rule in large part mimics, and in...more

Manatt, Phelps & Phillips, LLP

What’s Next for the FTC’s Proposed Rule Banning Fake Reviews and Testimonials?

The Federal Trade Commission (FTC or Commission) received 105 comments from the public on its proposed trade regulation rule to prohibit marketers from using unfair or deceptive practices involving consumer reviews and...more

Carlton Fields

Tailored Specifically: Recent SEC Regulatory Developments Relating To Advertising

Carlton Fields on

I. INTRODUCTION AND OVERVIEW - Gary Gensler’s tenure-to-date as Chairman of the Securities and Exchange Commission (“SEC”) is striking for its exceptionally active rulemaking agenda. Two rulemakings of tremendous import to...more

A&O Shearman

Regulating AI: Businesses need to prepare for increasing risk of future disputes

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With AI we face a combination of accelerating technological development and, depending on the jurisdiction, a greater or lesser degree of legislative intervention. Artificial intelligence burst into our collective...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

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