Bryan Wolin

Bryan Wolin

Kilpatrick

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Flying Too High? Microsoft’s Copilot Ads and the Limits of AI Marketing

AI might be transforming the workplace, but companies touting AI-powered tools should proceed with caution. In a recent decision, the National Advertising Division (“NAD”) reviewed Microsoft’s claims about its Microsoft 365...more

7/17/2025  /  Advertising , Artificial Intelligence , Consumer Protection Laws , Disclosure Requirements , False Advertising , Marketing , Microsoft , Technology Sector

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

7/1/2025  /  Advertising , Celebrity Endorsements , Consumer Product Companies , Endorsements , False Advertising , FTC Endorsement Guidelines , NAD , Regulatory Requirements

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

6/12/2025  /  Advertising , Disclosure Requirements , Endorsements , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media , Unfair or Deceptive Trade Practices

Arizona Court Rejects Armored Vehicle Manufacturer’s Advertising and Trademark Claims

A recent Arizona district court decision reminds brand owners that bold accusations of false association and deceptive branding can quickly fall apart in the absence of certain key facts. In Armored Group LLC v. Lutzker, the...more

5/23/2025  /  False Advertising , Intellectual Property Litigation , Lanham Act , Trademark Infringement , Trademark Litigation

5 Key Takeaways | Advertising Counseling, Substantiation, and Disputes 101

Kilpatrick hosted a webinar on May 8, 2025, focused on advising lawyers about the legal issues involved with advertising claim substantiation and handling advertising disputes. The event featured Kilpatrick lawyers Barry...more

5/12/2025  /  Advertising , Class Action , Consumer Protection Laws , Dispute Resolution , False Advertising , Litigation Strategies , Marketing , NAD

LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions [Video]

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

4/30/2025  /  Advertising , Celebrity Endorsements , Disclosure Requirements , Endorsements , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label

A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company...more

4/25/2025  /  California , Class Action , Consumer Protection Laws , Damages , Enforcement Actions , False Advertising , Made in the USA , Manufacturers , Product Labels

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

4/10/2025  /  Advertising , Celebrity Endorsements , Disclosure Requirements , Enforcement Actions , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

Are Your Ads Sending the Wrong Message? Lessons from Total Wireless

The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused....more

3/28/2025  /  Advertising , Consumer Protection Laws , Disclosure Requirements , False Advertising , Marketing , Misleading Statements , NAD , Transparency , Unfair or Deceptive Trade Practices

Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims

The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral...more

3/12/2025  /  Advertising , Consumer Protection Laws , Environmental Claims , Environmental Policies , False Advertising , Federal Trade Commission (FTC) , FTC Act , Green Guides , NAD , Unfair or Deceptive Trade Practices

Crocs Versus Dawgs: The Federal Circuit Holds That Falsely Stating a Product is "Patented" Can Lead to A False Advertising Claim

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes...more

10/17/2024  /  False Advertising , Intellectual Property Protection , Lanham Act , Patent Infringement , Patents

10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more

12/8/2023  /  Advertising , Endorsements , False Advertising , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Influencers , Marketing , Social Media

5 Key Takeaways - Defending Against ‘Do-Gooder’ Litigation: Developing Legal and PR Strategies Against Putative False-Advertising...

Kilpatrick’s Evan Nadel, Jonathan W. Thomas, and Bryan Wolin were honored to host a roundtable discussion at the ANA’s 2023 Masters of Advertising Law Conference, titled “Defending Against ‘Do-Gooder’ Litigation.” As the...more

12/1/2023  /  Advertising , Class Action , False Advertising , Marketing , Product Labels

"Sustainability" Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

6/1/2022  /  Advertising , Corporate Counsel , False Advertising , Green Guides , Marketing , Sustainability
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