News & Analysis as of

Marketing Penalties

Klein Moynihan Turco LLP

Cannabis Ads Must Comply with State Regulations

Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory...more

Vedder Price

FTC Highlights “Made in the USA” Standards for July

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The FTC is designating July as “Made in America Month,” and manufacturers in all industries should understand the restrictions they face when marketing their products as produced in the US. The Trump Administration’s tariffs...more

Conyers

Bermuda SMS/MMS Marketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Emarketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Telemarketing Guidance Note

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1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more

Troutman Pepper Locke

Colorado Cracks Down on Hemp Misrepresentation

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On May 14, Colorado Attorney General (AG) Phil Weiser announced that the state reached a settlement with MC Global Holdings, LLC, its associated companies, and owners (collectively MC) to resolve allegations that MC’s...more

Klein Moynihan Turco LLP

Text Messaging and The Campaign Registry

By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more

Brownstein Hyatt Farber Schreck

Ensuring Transparency and Compliance in Eco-Friendly Marketing

Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...more

Benesch

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

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On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more

Hogan Lovells

Deceptive sweepstakes prompt FTC action and consumer payouts

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Last week, the Federal Trade Commission sent more than $18 million in refunds to U.S. consumers who entered a Publishers Clearing House (PCH) sweepstakes in recent years. The refund represents a significant remedy to...more

Hinch Newman LLP

Did Your Company Receive an FTC Warning Letter or Notice of Penalty Offense?

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Has your company received an FTC warning letter or a penalty offense notice? If so, such correspondence should not be ignored because there is a high likelihood that the FTC is in the process of actively and quickly seeking...more

Harris Beach Murtha PLLC

Tips for Proactively Avoiding Penalties for AI-Related Marketing Claims

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The Federal Trade Commission has taken an important step in the regulation of marketing claims relating to artificial intelligence with the launch of “Operation AI Comply.” This operation marks a significant shift in the...more

Foley & Lardner LLP

What Every Multinational Company Should Know About ...“Made in USA” Labeling Requirements

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Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Knobbe Martens

Olympics Advertising – Don’t be Ambushed by Rule 40

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The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more

Seward & Kissel LLP

SEC Charges Five Advisers with Violations of the Marketing Rule; SEC Staff Releases Risk Alert on Marketing Rule Compliance

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Who may be interested: Registered Investment Companies, Investment Advisers, Broker-Dealers - Quick Take: The SEC settled charges in separate actions against five investment advisers (Advisers) for violations of Rule...more

Lerman Senter PLLC

FCC Issues $1.8 Million Penalty Against Nexstar and Mission; Orders Station Divestiture

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The FCC has fined Nexstar Media Group, Inc. and Mission Broadcasting, Inc. $1.8 million after finding Nexstar exercised de facto control over Mission’s Station WPIX (TV) in New York without FCC consent. The FCC also found...more

Vondran Legal

Arizona Name, Image, and Likeness Law for Athletes and Institutions

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Thanks to new legislation, student-athletes may now legally profit through the use of their name, image and likeness marketing and promotions efforts. If you have a strong social media following on sites like Instagram,...more

Seward & Kissel LLP

SEC Charges FinTech Investment Adviser with First Violation of the Marketing Rule and Additional Compliance Violations

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Recently, the U.S. Securities and Exchange Commission (the “SEC”) announced charges against an investment adviser (the “Adviser”) for using hypothetical performance metrics in advertisements that were misleading pursuant to...more

Foley & Lardner LLP

France’s New Influencer Law Adopted June 1, 2023

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In today’s social media era, influencer marketing has become an integral part of brand promotion and consumer engagement. Recognizing the growing impact of influencers and the need for greater transparency across social media...more

Omnizant

The Dreaded Google Penalty: Here’s What You Need to Know

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We hear from many firms with websites that have been penalized by Google. Sometimes the firm is aware of the cause (working with an agency that violated Google’s rules). Other times, they can’t figure out what triggered the...more

White & Case LLP

Dubai issues new regulations on the marketing of Virtual Assets

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What you need to know about the VARA Marketing Regulations - Following the issuance of Law No.4 of 2022 on the Regulation of Virtual Assets in February 2022 (the "DVAL") and the establishment of the Dubai Virtual Assets...more

BakerHostetler

Auld Lang Syne 2021 – Significant Events of the Past Year

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Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more

BakerHostetler

AD-ttorneys@law – January 2021 #1

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Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more

Smart & Biggar

The Competition Bureau applies strict standards to retail price claims in Canada

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Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...more

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