News & Analysis as of

Advertising Regulatory Oversight

Gardner Law

FDA Faces Pressure to Enhance Oversight of Online Prescription Drug Promotions

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The U.S. Food and Drug Administration (FDA) is facing pressure from Congress and the medical community to enhance its oversight of online prescription drug advertising. The pressure comes amidst growing concerns about social...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for June 2024

Private Fund Rules Cancelled, Survey Says Marketing Rule is a Lot of Work and the Intersection of Regulation BI and Investment Adviser’s Fiduciary Duty - Welcome to our June Regulatory Roundup, where we provide you with a...more

Venable LLP

Not So Fast: FTC Letter Rebukes Direct Selling Self-Regulatory Council Guidance

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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

Alston & Bird

New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

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Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

Rumberger | Kirk

The Florida Bar Provides Guidance on Lawyers’ Use of Artificial Intelligence

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“I fear that AI may replace humans altogether. If people design computer viruses, someone will design AI that improves and replicates itself. This will be a new form of life that outperforms humans,” warned Stephen Hawking...more

Troutman Pepper

Massachusetts Gaming Commission Targets Youth Advertising and Data Privacy in Proposed New Sports Wagering Rules

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The Massachusetts Gaming Commission is in the process of shaping new regulatory standards for sports wagering in Massachusetts, following the state’s adoption last summer of the Massachusetts Sports Wagering Act, Mass. Gen....more

Foley Hoag LLP - Cannabis and the Law

Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries

As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

K&L Gates LLP

Ensure Your Discount Communications are Compliant Before You Hop on the Sales Season Omnibus!

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As “Holiday Season” is increasingly synonymous with “Sales Season”, and with many sales already in full swing (Black Friday in particular), brands and traders should make sure that their discounting campaigns are compliant...more

BCLP

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

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Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Sheppard Mullin Richter & Hampton LLP

FTC Cracks Down On Violations of Newly-Codified “Made in USA” Claims Rule

The Federal Trade Commission (“FTC”) recently settled an enforcement action against an advertiser for $753,000 for deceptive “Assembled in USA” product claims, the first such settlement following the FTC’s recent adoption of...more

Bodman

The ABCs of CBD and Hemp: A Primer

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Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal...more

Manatt, Phelps & Phillips, LLP

Lina Khan Is New Chair of the FTC

Lina Khan was sworn in as Chair of the Federal Trade Commission (FTC) on June 15, 2021. President Biden named Khan, a Democrat, to a term on the Commission that expires September 25, 2024, and designated her as Chair. Khan...more

Williams Mullen

[Webinar] CLE Institute - Advertising and Customer Engagement in the Digital Age - November 12th, 3:00 pm - 4:30 pm ET

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Social media and influencers. Online feedback and electronic oversight. Data protection and privacy. Managing the legal issues surrounding doing business online is a significant concern for many in-house counsel. Join us for...more

Seyfarth Shaw LLP

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

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Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

Seyfarth Shaw LLP

The Week in Weed: January 2020 #4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The big news in cannabis this week comes from New Mexico.  Legislation introduced last Thursday would legalize...more

Stinson LLP

CBD Industry Experiences Wave of New Consumer Lawsuits

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The cannabidiol (CBD) industry has been on the receiving end of over a half dozen new consumer class actions in recent weeks, which is likely only the beginning for the emerging industry....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Seyfarth Shaw LLP

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

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Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more

American Conference Institute (ACI)

[Event] Rx Drug Advertising and Promotion Executive Think Tank – Embrace this New Era of Advertising with Creative and...

ACI is delighted to present our inaugural Think Tank on Rx Drug Advertising and Promotion. Attend this intimate and in-depth symposium where the “who’s who” of pharmaceutical advertising and promotion will gather to discuss...more

Troutman Pepper

HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

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U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar...more

American Conference Institute (ACI)

[Event] 6th Annual Forum On Cosmetics & Personal Care Products – Legal, Regulatory And Compliance - March 28th-29th, New York, NY

Prepare to meet the challenges of the rapidly evolving legal and regulatory landscape of the cosmetics and personal care products industry. A new paradigm is emerging in 2019. Ensure you are prepared to meet the global...more

Fenwick & West LLP

Deregulation is the New Buzzword in Washington — Except in the Tech Industry

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The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have become accustomed to, however, is deregulation across a wide variety of...more

Ballard Spahr LLP

FTC and Veterans Affairs announce MOA on referrals for deceptive advertising, sales or enrollment practices targeting veterans...

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At the end of last week, the Federal Trade Commission (FTC) and the Department of Veterans Affairs (VA) announced that they have entered into a Memorandum of Agreement (MOA) “to provide mutual assistance in the oversight and...more

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