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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

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

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

Kelley Drye & Warren LLP

Google Unlists Gemini Video After NAD Inquiry

On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games,...more

Katten Muchin Rosenman LLP

Unraveling the Legal and Regulatory Maze of Generative AI: 10 Areas to Watch

During the ANA Advertising Law One Day Conference at Katten’s New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm’s Artificial Intelligence (AI) Working Group,...more

Beveridge & Diamond PC

Environmental Marketing Claims: Regulatory and Litigation Outlook

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As consumers, investors, and other stakeholders are focused more than ever on the impacts of their purchasing and investment decisions, companies are seeking to convey information on the environmental attributes of their...more

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021

The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes.  Messy...more

ArentFox Schiff

Wireless Providers Dispute Legitimacy of ‘5G Evolution’ Network

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The NAD case between AT&T and T-Mobile is just the latest development in the ongoing battle over 5G, the next generation of technology for wireless networks. All of the wireless providers are racing to upgrade their existing...more

Foley Hoag LLP - Making Your Mark

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional...more

Cole Schotz

Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”

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Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest”...more

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