The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more
CafePress Owners Nabbed for Failing to Protect Consumer Data -
Company left Social Security numbers out and unencrypted, then hid the data breach...more
3/31/2022
/ Advertising ,
Children's Products ,
Class Action ,
Country of Origin ,
Data Breach ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Natural Products ,
Personal Information ,
Product Labels ,
Sensitive Personal Information
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active...more
3/7/2022
/ Advertising ,
Advertising to Minors ,
Children's Online Games ,
COPPA ,
Corporate Branding ,
EU ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Minor Children ,
Video Games
Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more
2/2/2022
/ Advertising ,
Audits ,
B2B Organizations ,
Brand ,
Endorsements ,
Ethics ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
Online Endorsements ,
Trade Secrets
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more
1/20/2022
/ Advertising ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Made in the USA ,
Manufacturer Liability ,
Manufacturers ,
Marketing ,
Product Labels ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market ,
Supply Chain
This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible...more
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services...more
My smart colleague Daniel posted a terrific new year’s resolution blog yesterday. I have one more thing to add. Many of us at some point have had to make an apology or two for comments made when we may have been, er,...more
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
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
Spoiler alerts: If you have not yet started the “Sex and the City” update “And Just Like That,” you may want to bypass this blog. Don’t worry, my colleagues Randy Shaheen and Daniel Kaufman will be posting about Made in USA...more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more
The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or...more
Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more
The Children’s Advertising Review Unit (CARU) recently held their “Kidvertising” workshop to discuss the revised CARU Advertising Guidelines, which are set to take effect on January 1, 2022. The workshop tackled several...more
The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
Swamped Commission Gets Compulsory Life Preserver - Rising tide of merger filings cited to justify new compulsory process resolutions - Multi-Foci - After a 3-2 vote, the Federal Trade Commission (FTC or Commission) approved...more
Starbucks Ads are Up to Puff, For Now - Pity the puff – so often cited as a reason why an advertising statement is not a claim, yet so rarely with success. And just by way of a quick review, a puff is an advertising statement...more
Gruesome Murder Docudrama True Enough for New York’s Supreme Court -Right-to-privacy protections don’t kick in for murderer represented in “broadly accurate” TV movie - Matlock! According to Variety, “Romeo Killer: The Chris...more
‘Blessing Loom’ Club Just a Pyramid in Drag? FTC says BINT was fleecing participants while demanding vows of silence - Migraines in No Time - There are all sorts of new-agey trappings that accompany the “Blessing Loom” known...more