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Supreme Court of the United States › Advertising

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Foley & Lardner LLP

Keeping the Flame Alive: How IP Protects the Legacy of the Olympics

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Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International...more

BakerHostetler

[Podcast] AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

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On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more

Katten Muchin Rosenman LLP

After Loper Bright, should the FTC's views on advertising interpretation still receive deference?

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In 2015, the FTC prevailed in litigation against POM Wonderful, makers of pomegranate juice. POM Wonderful LLC, et al., v. Federal Trade Commission, 773 F.3d 487 (D.C. Cir. 2015). The case involved the FTC's assertions that...more

Klein Moynihan Turco LLP

As Online Sports Betting Proliferates, Authorities Tighten The Screws On Gambling Advertising

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On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

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Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Goldberg Segalla

Supreme Court Denies Petition for Certiorari in Minnesota’s Climate Case Against Petroleum Leaders

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In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an...more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

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The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

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

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

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1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

ArentFox Schiff

FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims

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On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

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On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Legal Internet Solutions Inc.

What is Legal Marketing?

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In its most basic form, legal marketing is the process of promoting and selling legal services to potential clients. This can be done through traditional marketing channels like advertising, public relations, and networking,...more

Hinch Newman LLP

FTC Lawyer on What Marketers Should Know About Endorsement Guide Penalty Offense Notices and CIDs

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The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands. ...more

Hinch Newman LLP

The Art of Responding to an FTC CID by an FTC CID Lawyer

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A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more

Bricker Graydon LLP

City of Austin, Texas v. Reagan Natl. Advertising of Austin, LLC - Loosening the First Amendment’s grip on governmental sign...

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Sign law is a historically convoluted and ever-evolving legal topic. The court system is continuously issuing decisions expanding and restricting the scope of the government’s authority to regulate signage in an attempt to...more

Dorsey & Whitney LLP

The Supreme Court - April 21, 2022

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Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more

Smith Gambrell Russell

Is Your Product Really “Made in the USA?” The FTC is Asking.

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The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the...more

King & Spalding

Northern District of California Denies Class Certification in False Advertising Case Against Google, Concluding that Named...

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On January 10, 2022, Judge Beth Labson Freeman of the United States District Court for the Northern District of California denied Plaintiff’s motion for class certification in a case stemming from allegations that Google...more

Latham & Watkins LLP

Healthcare & Life Sciences: Drug Pricing Digest - June 2021 #2

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Supreme Court Upholds Affordable Care Act: On June 17, 2021, the Supreme Court ruled 7 to 2 to dismiss for lack of standing a challenge to the Affordable Care Act (ACA) brought by Texas and other states. The states had...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2020

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In This Issue - The Evolving Relationship Between Brands and Athletes: What Comes Next - The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

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Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Foley Hoag LLP

FDA Issues Guidance on Supply Interruptions and Discontinuance Notification Requirements for Emergency and Life Supporting Drugs

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On April 1, 2020, FDA issued a guidance document instructing companies on how to notify the agency of a permanent discontinuance or interruption of manufacturing of certain products pursuant to Section 506C of the FDCA (21...more

Faegre Drinker Biddle & Reath LLP

A Busy Week for Fax Advertisements in the Supreme Court

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Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S....more

Dorsey & Whitney LLP

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

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If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more

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