JONES DAY TALKS®: Straight Talk About False Advertising: What Every Lawyer Needs to Know
In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company...more
On August 29, 2024, the U.S. Food and Drug Administration (FDA) Office of Prescription Drug Promotion (OPDP) issued an untitled letter to AbbVie, Inc. (AbbVie) regarding a promotional, direct-to-consumer (DTC) television...more
We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a particular substance and now...more
In a stride toward transparency and heightened consumer awareness, the Food and Drug Administration (FDA) has issued a final rule, dated November 21, 2023, to amend its regulations regarding direct-to-consumer (DTC)...more
Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more
On November 21, 2023, the FDA published its final rule changing how prescriptions medicines are advertised to consumers. The FDA first issued its proposed rule in 2010, which subsequently went through three public comment...more
On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several...more
I love the Superbowl. I couldn’t give a toss about football. I am there for the snacks, the snacks and more snacks. And Rihanna (congrats, Mama!). And the ADS! Every year, we ad lawyers measure our worth by how many Superbowl...more
Super Bowl LVII saw a hobbled Patrick Mahomes lead the Kansas City Chiefs to a 38-35 victory over the Philadelphia Eagles. In addition to an entertaining halftime show by Rihanna, the Super Bowl is a marketing spectacle where...more
Would it even be the Super Bowl if there wasn’t a blog post asking about your favorite commercials? Are your top choices dictated by the product, the celebrity, or the content? Did you prefer the spoofs on something familiar...more
The deadline to file the 2022 Annual Children’s Television Programming Report with the FCC is January 30, 2023, reflecting programming aired during the 2022 calendar year. In addition, commercial stations’ documentation of...more
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking...more
A new collective bargaining agreement governing the use of SAG-AFTRA (the Union) performers in commercials has been reached between the Union and the Joint Policy Committee (JPC). The new 2022 SAG-AFTRA Commercials...more
A few months ago, a large shampoo Company advertisement was published in Greek media (both on TV and οn social media), in which members of the Greek LGBTQ+ community starred. Through the campaign, the Company praises...more
The film industry in Georgia is booming. The state ranks number one globally in the production of top grossing feature films, followed by the United Kingdom, Canada, California, Louisiana, and New York....more
Who doesn’t remember Hall and Oates’ 1984 hit, “Out of Touch?” Perhaps, reviewers in the Food and Drug Administration’s Office of Prescription Drug Promotion were humming this song when it recently issued an Untitled Letter...more
Welcome back to another installment of the “Sports & Entertainment Spotlight”! Where better to start this week than with last Sunday’s Super Bowl that lived up to its name on all fronts? Sure, the commercials were witty,...more
A star-studded Los Angeles Rams beat the Bengals 23-20 in Super Bowl LVI while another year of star-studded auto industry Super Bowl Ads confirm the EVolution is here. While Super Bowl regulars like Audi, Mercedes, and Ford...more
As the rest of us prepared for the Super Bowl by buying avocados to make guacamole, installing new big-screen TVs, and donning Ram/Bengal-themed face paint, select corners of corporate America are preparing for the biggest...more
Late last year, the Food and Drug Administration’s Office of Prescription Drug Promotion issued an Untitled Letter to a drug company for unlawful promotion of its biologic product....more
The deadline to file the 2021 Annual Children’s Television Programming Report with the FCC is January 30, 2022, reflecting programming aired during the 2021 calendar year. Note that because this deadline falls on a weekend,...more
Intel has unveiled plans to spend $20 billion to build two new chip manufacturing factories near existing facilities in Arizona—a “surprise bet that could please government officials worried about component shortages and...more
This week’s Online Travel Update features updates to a number of stories that we covered previously – online vaccination records, Apple’s privacy policy and the many challenges associated with regulating online platforms’...more
The deadline to file the 2020 Annual Children’s Television Programming Report with the FCC is January 30, 2021, reflecting programming aired during the 2020 calendar year. Note that because this deadline falls on a weekend,...more
When it comes to football, I am a huge fan and love watching games on TV. However, I do not typically pay attention to the commercials during games, with one major exception: the Super Bowl. Like most everyone, I am always...more