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
Introducing Our Secret Plan to Fight Inflation -
It’s simple: Don’t fall afoul of the FTC -
’Twas Ever Thus -
Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more
1/30/2023
/ Advertising ,
Competition ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Cryptoassets ,
Cryptocurrency ,
Fashion Branding ,
Fashion Industry ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Greenwashing ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Restitution ,
UK ,
Unfair Competition ,
Warning Letters ,
Websites ,
Wire Fraud ,
Zara
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
1/4/2023
/ Advertising ,
Copyright ,
Copyright Litigation ,
Failure To Disclose ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Influencers ,
Marketing ,
Pending Legislation ,
Public Comment ,
Social Media ,
Subscription Services ,
TikTok ,
Truth in Advertising
20 Years Later, TTB Agrees to Revisit Alcohol Labeling -
Watchdogs claim a win, but are they being set up for a wait? Again?
Anticipation -
When last we left the doughty heroes of the Center for Science in the...more
12/19/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Crypto Exchanges ,
Federal Trade Commission (FTC) ,
Influencers ,
NAD ,
Product Labels ,
Right of Publicity ,
Subscription Services ,
Trademark Trial and Appeal Board ,
Wine & Alcohol
Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment
Novelty glassware manufacturer weaponizes FTC guidance against rival -
Is Half Bulletproof Really a Thing?
For the uninitiated, the shot glass in...more
11/18/2022
/ Advertising ,
Competition ,
COPPA ,
Country of Origin ,
Dietary Supplements ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Lanham Act ,
Made in the USA ,
Marketing ,
Nutritional Supplements ,
Online Education ,
Product Labels ,
Robocalling ,
Technology Sector
Once Upon a Farm (OFarm) is an exemplary specimen of a now-familiar type of company - a self-proclaimed provider of “clean” baby food and snacks for older kids. OFarm’s packaging is what you’d expect: vivid, colorful graphics...more
Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more
10/26/2022
/ Advertising ,
Airlines ,
Alcohol Beverage Control ,
Anti-SLAPP ,
Breach of Contract ,
Carbon Off-Set Credits ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Fashion Branding ,
FCC ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Labeling ,
Lanham Act ,
Lululemon ,
Nutrition Facts Labels ,
Proprietary Information ,
Public Interest ,
Telecommunications ,
Travel ,
United Airlines ,
Voice Service Providers ,
Wine & Alcohol
Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. Here is a rough transcript; and if you have a spare five hours, you can watch the videos, which will soon be posted on the...more
IDAC to Ed Tech: Get Your Act Together -
Post-COVID-19 learning app boom puts kids at risk, watchdogs say -
An Embarrassment of Horrors -
As if school-age children didn’t have enough to worry about.
From the...more
9/26/2022
/ Advertising ,
Auto-Renewal ,
Class Action ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Online Advertisements ,
Students ,
Subscription Services ,
Technology ,
Testimonial Statements
CSPI to FDA: Move to the Front!
Watchdog barks at industry efforts to highlight nutrition facts -
Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more
9/2/2022
/ Advertising ,
Children's Products ,
COPPA ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Influencers ,
Lanham Act ,
Made in the USA ,
Masks ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Nutrition Facts Labels ,
Personal Information ,
Product Labels ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
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
From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more
8/17/2022
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Enforcement Priorities ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Influencers ,
Initial Coin Offering (ICOs) ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Warning Letters
FCC Slams American Scammers for 8 Billion Robocalls -
With too many calls to document, carriers are ordered to pull the switch on traffic -
One Robo to Call Them All -
What sort of activity earns a court order, a public...more
8/16/2022
/ Advertising ,
Class Action ,
Divorce ,
Electronic Fund Transfer Act ,
False Advertising ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
H&M ,
Influencers ,
Marketing ,
Military Service Members ,
Robocalling ,
Scams ,
Social Networks ,
Spoofing ,
State Attorneys General ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Veterans
Sometimes advertising lawyers can be real drama royals. But I do think the latest in the teeth-straightening wars at NAD (link to SmileDirect press release below) deserves some attention. I am not yet sure if this...more
It is too early to tell if we have a baby wipes war developing to compete with the diapers wars, but we certainly have had lots of activity this year involving the disposable cleanup cloths. An earlier action focused...more
Will Coppertone Get Burned for Its Labels?
Consumer class action alleges sunscreens are all the same -
It’s Not Much, But It’s Something -
Through the years, Coppertone - the sun protection products brand owned...more
8/3/2022
/ Advertising ,
Brand ,
Class Action ,
Confidential Information ,
Consumer Product Companies ,
Copyright ,
Corporate Branding ,
Do Not Call List ,
False Advertising ,
Logos ,
Marketing ,
Mobile Apps ,
Product Labels ,
Product Packaging ,
Standing ,
Subscription Services ,
TCPA ,
Text Messages ,
Trade Secrets ,
Unfair Competition ,
YouTube
TINA Investigation Sours on HelloFresh -
America’s #1 food-box provider is deploying dark patterns, says watchdog -
See-Through?
When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more
7/15/2022
/ Advertising ,
Data Privacy ,
Fashion Design ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Incentives ,
License Renewals ,
Loss of Goodwill ,
Material Disclosures ,
NAD ,
Natural Products ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Transparency ,
Web Browsers
In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more
6/23/2022
/ Advertising ,
Advertising to Minors ,
Brand ,
Consumer Protection Laws ,
Copyright ,
Digital Media ,
E-Commerce ,
Influencers ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Regulatory Requirements ,
Social Networks ,
Targeted Digital Advertising ,
Trademarks
It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more
No More Social Fix for Cali Kids?
New state bill targets social media addiction -
Vertigo 2.0 -
There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
6/17/2022
/ Advertising ,
Advertising to Minors ,
Case Consolidation ,
Class Action ,
FCC ,
Foreign Entities ,
Internet Retailers ,
Minors ,
Mobile Apps ,
NAD ,
New Rules ,
Online Platforms ,
Pricing ,
Proposed Legislation ,
Retailers ,
Robocalling ,
Settlement Agreements ,
Social Media ,
Spoofing ,
Telecommunications ,
Telephone Service Providers ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients -
Please Ignore This Section if You Are Easily Annoyed -
Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
6/3/2022
/ Advertising ,
Alternative Medicine ,
Beverage Manufacturers ,
Class Action ,
Federal Trade Commission (FTC) ,
For Profit Education ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Puffery ,
Zillow
As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more
NAD Won’t Rename Supplement Maker -
Innovix Pharma loses on product claims but gets to keep its calling card.
Nerding Out -
Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
5/13/2022
/ Advertising ,
Class Action ,
Dietary Supplements ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Health Claims ,
Marketing ,
Misleading Statements ,
NAD ,
Pharmaceutical Industry ,
Telemarketing ,
Unfair or Deceptive Trade Practices
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
4/29/2022
/ Advertising ,
Breach of Contract ,
Class Action ,
Digital Assets ,
Distributors ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Made in the USA ,
Misleading Statements ,
Negligence ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Security Breach
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more