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Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

Adams & Reese

Tennessee Toughens Law for Underage Tobacco and Vape

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A new Tennessee law means big changes for Tennessee retailers that sell tobacco and vapor products. The new law becomes effective July 1, 2025, with some parts kicking in later. If you sell cigarettes, e-cigarettes, cigars,...more

Venable LLP

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more

BakerHostetler

NAD Provides More Guidance on Obligations with Influencers Who Are Gifted Free Product

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The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more

Jenner & Block

U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

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Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied...more

Pagefreezer

Social Media vs. Compliance — The Major Marketing Problem Stumping Financial Services

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These days, you'd be hard-pressed to find an business that isn't advertising on social media. But when it comes to financial service providers, social media marketing can become a double-edged sword, or worse a compliance...more

BakerHostetler

Live Updates - ABA Antitrust Spring Meeting 2025, Washington, D.C.

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The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 7

New Suit Claims "Scientifically False" Pheromone Ads Are "Pure" False Advertising - "It's not myth. It's science." So claims Pure Instinct in its ads for pheromone perfumes. But a new class action lawsuit claims it's not...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - March 2025

The Missouri Gaming Commission's plan to implement emergency rules for sports wagering has been delayed due to a dispute with the Missouri Secretary of State, Denny Hoskins. Hoskins rejected the emergency rules, stating there...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – March 2025

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

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After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

Kilpatrick

NAD Rejects Substantiation for "SolaWave Advanced Skin Care Wand" in Monitoring Decision

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The National Advertising Division (“NAD”) issued a new decision with helpful guidance for advertisers making performance claims about skincare products. NAD’s review of advertiser SolaWave’s substantiation for a wide range of...more

Fox Rothschild LLP

Annual Super Bowl Post

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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

Foley Hoag LLP - Security, Privacy and the...

Meta’s New Advertising Rules: Key Considerations for Health and Wellness Businesses

Advertising on social media platforms such as Facebook and Instagram is a common marketing strategy for many businesses. Government agencies and consumer advocates have increasingly scrutinized this practice to determine if...more

DLA Piper

Six Advertising Trends for 2025

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As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends. ...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Segal McCambridge

Fifth Circuit Ruling: Section 230 Does Not Shield Salesforce from Sex-Trafficking Claims

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The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more

BakerHostetler

NAD’s SWIFT Disclosure Track Commands Respect at a Bargain

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NAD has amended its SWIFT track processes and procedures multiple times since its inception in an effort to make sure the process is fair yet efficient. While it met with some nontrivial resistance from industry at its...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

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On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Kelley Drye & Warren LLP

Connecticut AG Investigates Skincare Products Marketed to Kids

If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday,...more

HaystackID

DOJ Targets Google’s Chrome in Groundbreaking Antitrust Action

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In a landmark move, the U.S. Department of Justice (DOJ) is poised to introduce unprecedented measures to counteract Google’s dominance in the online search sphere. Following a decisive ruling by U.S. District Judge Amit...more

Katten Muchin Rosenman LLP

What the Evian "Carbon-Neutral" Ruling Means for Advertisers

In a notable ESG ruling, U.S. District Judge Nelson Roman dismissed a class action lawsuit against Danone Waters of America that had alleged the company deceptively labeled its Evian bottled water as "carbon-neutral." This...more

Hogan Lovells

The use of generative AI in advertising: Legal pitfalls to look out for in the UK

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In the last couple of years, generative artificial intelligence (AI) has emerged as a transformative tool for the advertising industry, promising unprecedented efficiency and cost savings and innovative ways of creating...more

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