IN THE NEWS AND LATEST UPDATES
We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that their posts were sponsored. The firms behind those two lawsuits have teamed up for a third one, this time against Revolve and three of its influencers: Cindy Mello, Tika Camaj, and Nienke Jansz.
Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: “210,000+ 5-star reviews of Rascals Products.” P&G thought something about that claim smelled funny and challenged that, too.
On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it “will not prioritize civil enforcement actions against any person for violations” of the Rule through July 8, 2025, “so long as the person is engaging in good faith efforts” to comply with the Rule. (DOJ refers to the “Data Security Program” or “DSP.” We refer to “the Rule” to emphasize that it is a legally binding regulation with obligations that extend beyond data protection.)
Rascals advertises that the Hydrolock Core in its diapers “holds up to 25 x its weight” and “absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals supported its claims with tests that didn’t mirror real-world use. NAD’s decision holds valuable lessons for advertisers across industries.
Last week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and obscuring risks facing children on the application.
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