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International Lawyers Network

Navigating “Made in Canada” Claims in 2025

Since the start of the year, Canadian consumers and businesses have rallied behind the “Elbows Up!” movement and are looking to “buy Canadian”. Homegrown goods are in high demand, and origin claims like “Made in...more

Kelley Drye & Warren LLP

NAD Considers ​“Up To” Qualifiers in Superiority Claims

Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...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

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 5 Why Fashion Brands and Companies Succeed and Why They Fail

Having written first about launching a brand, I now turn to growing and sustaining the brand. In my second article, I wrote about my unsuccessful efforts to convince the Sergio Valente jeans company to reach out to the then...more

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

Mogin Law LLP

Musk Says Advertisers Abandoned X via Illegal Boycott

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Advertisers began pulling their ads from the microblogging site, then called Twitter, shortly after Elon Musk took the company over in October 2022. Within a month at least six major companies had stopped advertising on the...more

International Lawyers Network

Infringement of Trademark by Metatag and Keywords 

Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...more

Kelley Drye & Warren LLP

NAD Hears a Dispute Between Two Big (or Maybe Medium) Guys

Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ ​“top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a ​“little...more

Troutman Pepper Locke

FTC Issues Final Rule on Fake Reviews and Testimonials

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Earlier this month, the Federal Trade Commission (FTC) announced a final rule to combat fake reviews and testimonials...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

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The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

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The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Katten Muchin Rosenman LLP

Let Them Eat Cake: Italy's Antitrust and Advertising Authorities Crack Down on Influencers - Kattison Avenue/Katten Kattwalk |...

Pandoro, a traditionally star-shaped sweet bread dusted with powdered sugar, is a favorite holiday treat in Italy, rivaled only by panettone, a domed Milanese cake with candied orange, lemon and raisins. According to newswire...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

Legal Internet Solutions Inc.

No One is Reading Your Attorney Bio: (Five Tips to Fix That)

If you only do one thing to improve your attorney bio: fix the first sentence. Why? Because yours is long and boring. What makes an effective attorney bio? Someone reads it. Even better: someone reads it and decides to...more

Smart & Biggar

Marketing & advertising tips, traps and trends for 2023

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This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance.  The term “dark patterns” was first coined over a decade ago but...more

BakerHostetler

AD-ttorneys@law - November 2022 #2

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Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment Novelty glassware manufacturer weaponizes FTC guidance against rival - Is Half Bulletproof Really a Thing? For the uninitiated, the shot glass in...more

McDermott Will & Emery

[Event] Consumer Protection: Establishing and Protecting Your Competitive Position - November 10th, Chicago, IL

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As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest...more

McDermott Will & Emery

International News: Spotlight on Competition Law - September 2022

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UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

Morrison & Foerster LLP

Truly Green or Emperor’s New Clothes? - The UK CMA Targets Fast Fashion First In Its Investigation of Sustainability Claims

On 29 July 2022, the UK Competition and Markets Authority (CMA) launched an investigation into three fashion firms over potentially misleading eco-friendly and sustainability claims about their products....more

Proskauer - Advertising Law

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

Hogan Lovells

Polish Competition and Consumer Protection Office will take a closer look at influencer marketing

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The Polish Competition and Consumer Protection Office will conduct a thorough investigation into illegal surreptitious advertising on social media. The Office will take a closer look at the most popular Polish influencers and...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

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Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

BakerHostetler

FTC Says Razor Thin Market Share Not Enough for Merger Clearance and What It Means for Disruptive DTC Brands

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Last week, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Columbia against Procter & Gamble to enjoin the consumer goods company from acquiring New York-based...more

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