Last month, the Securities and Exchange Commission (SEC) issued a press release describing its proposed changes to the Investment Advisers Act of 1940. The Act contains various advertising and cash solicitation rules for...more
I only (very briefly) fell for one April Fools’ prank this year. Yesterday the University of Wisconsin tweeted what appeared to be a press release announcing that fans could no longer perform their “Jump Around” tradition at...more
Yesterday the Food & Drug Administration (“FDA”) Commissioner announced a new plan for increased oversight over dietary supplements. In his statement, the Commissioner noted how much the dietary supplement market has grown...more
From beer to snacks to cars to tech, we love them all. Or, we love judging them all. Each year, we tune in to see which companies—both the old staples and the new blood—will shell out the cash for a Super Bowl ad. ...more
Nothing is as it seems. I previously blogged about the marketing of non-dairy products as “milk” – now it’s meat’s turn. According to a recent article in the Star Tribune, multiple states are either already regulating or...more
When hoping to resolve advertising concerns or disputes quickly and easily, companies should not only consider utilizing the National Advertising Division (“NAD”), but also the potentially lesser-known Electronic Retailing...more
Although they may not immediately connote a traditional form of advertising, food menus and labels serve as a form of advertising in the minds of many consumers and are regulated by Food & Drug Administration (“FDA”). Read...more
When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims....more
Failing to have adequate substantiation for advertising claims can land companies in hot water. Case in point: The Federal Trade Commission (“FTC”) recently announced that it had settled charges against a company and its CEO...more
Social media bots may seem like a futuristic phenomenon or something belonging only in the TV series “Homeland,” but they’re already here affecting businesses and individuals online.
Last month, the New York Times reported...more
It was that time of year again—when everyone looks forward to watching commercials and debating which companies hit and which companies missed. Yes, Super Bowl LII happened yesterday and there was no shortage of funny, sad,...more
Last month, the Food & Drug Administration (“FDA”) sent a lengthy warning letter to Nashoba Brook Bakery, a bakery based in Massachusetts, identifying a number of alleged violations of food regulations and labeling...more
The U.S. Food and Drug Administration (“FDA”) regulates dietary supplements as food, not as drugs. In general, dietary supplements are taken orally and contain a dietary ingredient such as a vitamin, mineral, amino acid,...more
The Food & Drug Administration (“FDA”) regulates cancer drugs and devices, both for use by humans and pets. Such drugs and devices must obtain FDA approval or clearance before they can be marketed or sold to consumers, so...more
The U.S. Food and Drug Administration (“FDA”) requests that consumers report any issues they experience with FDA-regulated products so that the FDA can further protect the public health. But it isn’t always clear which...more