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FTC’s Unfair/Deceptive Fees Rule Takes Effect

The Federal Trade Commission’s (FTC) Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, is effective as of May 12, 2025. According to the FTC’s recent press release, the Rule “prohibits bait-and-switch pricing and other...more

Annual Super Bowl Post

My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement. This year, demand for ad space was “robust” with...more

FTC’s Final Changes to COPPA Rule

Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of...more

Rule Banning Junk Ticket and Hotel Fees

Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and that undercut other honest...more

Holiday Marketing Tips & Trends

With Black Friday and Cyber Monday only recently behind us, and with Christmas and New Years’ closing in soon, the deals are endless and consumer spending is amplified. The goal for companies this time of year is not just to...more

FDIC Advertising Requirements

Late last year, the Federal Deposit Insurance Corporation (“FDIC”) announced that it had adopted a Final Rule designed “to modernize the rules governing use of the official FDIC signs and advertising statements, and to...more

Beware Made in USA Advertising

A few weeks ago, the Federal Trade Commission (FTC) reached an agreement with Williams-Sonoma over a lawsuit alleging that it listed multiple products as being “Made in USA” that were made in China and other countries and...more

NAD Case Decision Summaries

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

NAD Reiterates Health Claim Guidance

The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more

NAD Rejects Use of R Symbol

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a...more

Advertising Highs & Lows

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

FTC’s Proposed Rule on Fake Reviews

Earlier this summer, the Federal Trade Commission (FTC) proposed a new rule to combat the use of fake reviews, which are deceptive to consumers. The FTC is seeking comments on the proposed rule by the end of September in...more

FTC Updates Endorsement Guides

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with...more

FTC’s Newest Notice of Penalty Offenses

Last week the Federal Trade Commission (FTC) issued a press release stating that it “is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that...more

SB Commercial Debate 2023

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

For All Fireball Lovers

Has there been an uptick in lawsuits involving false advertising of inexpensive products? Seems like it, or maybe I’m just paying more attention. The latest one I read about is a class-action lawsuit against the maker of...more

FTC Seeks Comments on “Green Guides”

The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”)....more

Pumpkin or Squash?

As Fall comes to an end and we’ve consumed enough pumpkin pie to last us until next year, we remind you of the pumpkin vs. squash advertising debate that is more mind-boggling than what Grandma brought to your Thanksgiving...more

ICYMI: Maryland’s Digital Advertising Tax

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law, titled Digital Advertising Gross Revenues Tax, is...more

Redskins Changing Team Name/Logo

As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more

Branded Face Masks – New Opportunity?

Something we may never have thought would take off – branded face masks – are now on the rise. With CDC recommendations and state/local orders recommending or even requiring employees (and sometimes even all citizens outside...more

Can A State Ban Advertising Due To COVID-19?

The COVID-19 pandemic has resulted in dozens or hundreds of city, county, and state stay-at-home/shelter-in-place orders requiring closure of non-essential businesses across the county. Most if not all such orders exempt...more

COVID-19’s Effect On Advertising

By all accounts, and as predicated by multiple news outlets earlier this month, COVID-19 may have a substantial and chilling effect on advertising. Adweek, for example, wrote an article in early March predicting how the...more

Is Super Bowl Advertising Worth It?

This is one we wonder year after year. The International Business Times reports that a 30-second ad for this year’s Super Bowl will run you $5.6 million (a $400,000 increase from last year), and that some companies opt for...more

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