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Truth in Advertising

Fox Rothschild LLP

NAD Case Decision Summaries

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The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more

Fox Rothschild LLP

Advertising Highs & Lows

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Intuit, Inc. certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Just a few...more

Katten Muchin Rosenman LLP

District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim

Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more

Manatt, Phelps & Phillips, LLP

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Vinson & Elkins LLP

SEC Adopts Amendments to Crack Down on Misleading Fund Names and Greenwashing

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On September 20, 2023, the SEC adopted final amendments to Rule 35d-1 of the Investment Company Act of 1940 (the “Names Rule”). Under the Names Rule, originally adopted in 2001, funds registered under the Investment Company...more

Orrick, Herrington & Sutcliffe LLP

SEC adopts truth-in-advertising rule enhancements for funds

On September 20, the SEC adopted amendments (as set forth in the final rule and as discussed in the fact sheet) to the Investment Companies Act rule that requires investment companies whose names suggest a focus in a...more

Cadwalader, Wickersham & Taft LLP

U.S. Lawmakers Urge DOJ to Investigate Oil and Gas Companies

On July 25, 2023, Representative Ted Lieu and 19 other Democratic lawmakers from the U.S. House of Representatives and Senate sent a letter to U.S. Attorney General Merrick Garland, requesting that the Department of Justice...more

BakerHostetler

AD-ttorneys@law - March 2023 #2

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There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more

Hinch Newman LLP

FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce...

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The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Hanzo

6 Compliance Challenges for Corporate Marketing Teams

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The days of managing website archives with printouts or screenshots are long gone since modern sites contain thousands of complex pages for a single enterprise. However, even with such a large data burden, regulatory...more

Hanzo

An Overview of Compliance Regulations for the Mortgage Industry

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When it comes to making sure financial data is safe and meets compliance regulations, understanding the different regulatory bodies that affect the mortgage industry is a vital first step. Here are just a few to consider....more

Davis Wright Tremaine LLP

Stay ADvised: September 2022 #2

In the end, the foundation just wasn't solid. That's what a Vermont federal court found when it dismissed a competitor's suit against Zillow, finding the plaintiff had no standing to sue on the consumer's behalf and...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week, August 26

A growing list of celebrities find themselves the recipients of letters from a certain advertising watchdog, and it's not fan mail they've been getting....more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

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Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

Perkins Coie

FTC Proposes Updated Guidance for Influencer and Consumer Review Programs

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To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in...more

BakerHostetler

AD-ttorneys@law - December 2021 #2

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China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more

American Conference Institute (ACI)

[Virtual Conference] 28th Annual Advertising & Marketing Law - January 18th - 19th, 8:45 am - 1:30 pm EST

Delve into critical legal and regulatory developments with the Canadian Institute’s 28th Annual Advertising & Marketing Law conference taking place virtually on January 18 – 19, 2022 (EST). This is Canada’s most comprehensive...more

Perkins Coie

Sustainability Advertising: Key Takeaways

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Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation....more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review

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Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best...more

BakerHostetler

[Podcast] AD-ttorneys@law: False Advertising or Just Puffing?

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Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more

Manatt, Phelps & Phillips, LLP

Breaking Down the Opportunities and Risks of Virtual Storefronts

The COVID-19 global pandemic has accelerated the digital transformation of the retail industry as shoppers shift more of their spending online. Global online purchase volume increased 31% from June 2019 to June 2020, with...more

Ballard Spahr LLP

Upcoming FTC Workshop to Address Advertising and Data Security

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On October 29, 2020, the Federal Trade Commission (FTC) will host a virtual workshop entitled, “Green Lights & Red Flags: FTC Rules of the Road for Business.”  The workshop will cover a broad array of topics within the FTC’s...more

Hanzo

Regulatory Compliance on the Web: What Your Website Needs

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Your website is an important part of your business. Chances are, you’re investing both time and money to ensure that it attracts customers and satisfies their needs so that they decide to do business with you. Now that the...more

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