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Hinch Newman LLP

How to Avoid Scrutiny When Advertising or Labeling Made in USA

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In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more

Coblentz Patch Duffy & Bass

Updates to Children's Privacy Federal and State Laws

Over the past year, the Federal Trade Commission (FTC) has implemented significant updates to the Children’s Online Privacy Protection Act (COPPA) Rule meant to strengthen key protections for children’s privacy online. COPPA...more

Ropes & Gray LLP

Greenwashing Legislation Trends: Key Takeaways for Businesses

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On Wednesday, August 27, Ropes & Gray Litigation & Enforcement partner Alexander Simkin and associate Eileen Falk joined Sami Grover, Sustainability Communications Director at thinkPARALLAX, to discuss the intersection...more

Fox Rothschild LLP

Biometrics in Advertising: Consent Is Not Enough

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When using biometrics in advertising, consent is not enough. IAB Canada, a trade association for Canada’s interactive marketing and advertising industry, recently issued policy paper on using biometrics in digital...more

Troutman Amin LLP

Easy Dobronski Win: Court Recalculates Higher Damages and Grants Default

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In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and...more

Husch Blackwell LLP

FTC to Sellers: Time to Knock Off the “Made in the USA” Knock-Offs

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If you have shopped online lately, odds are you saw products proudly advertising themselves as “Made in the USA.” Maybe it was a flag, a pair of boots, or a kitchen gadget. But how often is that label actually true? According...more

Womble Bond Dickinson

A Practical Guide for Offering Online Contests and Promotions

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The internet is now the primary medium for operators to disseminate online gaming, sweepstakes, and contests to participants worldwide. Opposing moral viewpoints, conflicting statutory interpretations and legal challenges...more

Osano

Server-Side Tracking: What Is It, and How Does It Impact Privacy Compliance?

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Tired of ad blockers, cookie deprecation, and opt-outs undermining your marketing efforts? You may be investigating server-side tracking as a way to grow your access to data.  Server-side tracking can be a great approach for...more

Kilpatrick

5 Key Takeaways: Global Compliance and Sustainability - Green Claims in Fashion Law

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As part of a three-part series on Fashion Law, Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, and Bryan Wolin, also part of Kilpatrick’s Advertising and...more

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more

Loeb & Loeb LLP

Will There Be a New York Law Requiring Disclosure of AI Use in Advertising?

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New York’s proposed Synthetic Performer Disclosure Bill (A.8887-B/S.8420-A) is positioned to become the first law in the United States requiring clear disclosures in advertisements that use AI-generated or digitally altered...more

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

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Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

A&O Shearman

Zooming in on AI: Tackling deepfakes around the world

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Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something. Often a person's voice or appearance is digitally...more

A&O Shearman

UK FCA urges CMCs to review financial promotions regarding motor finance claims

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The UK Financial Conduct Authority (FCA) has published a letter dated 31 July, addressed to claims management companies (CMCs) involved with motor finance claims, urging them to review their financial promotions to ensure...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - October 8th - 9th, Santa...

ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...more

Kelley Drye & Warren LLP

NAD Considers Material Connection Disclosures on LinkedIn

Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

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The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Saul Ewing LLP

Marketing Risk in the Age of Wellness: When Are Food Claims Misbranding?

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On October 1, 2024, the U.S. Food and Drug Administration (FDA or the Agency) implemented its unified Human Foods Program (HFP). The Agency established the HFP – which represented the single largest reorganization in FDA’s...more

Hinch Newman LLP

Essential Guide to FTC Made in USA Advertising Do’s and Don’ts | FTC Made in USA Attorney

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The Federal Trade Commission recently enacted the Made in USA Labeling Rule and updated its “Complying with the Made in USA Standard” business guidance. Both reinforce the “all or virtually all” standard...more

Kelley Drye & Warren LLP

Massachusetts Provides Clarifications on Upcoming ​“Junk Fee” and Negative Option Regulations

Last week, the Massachusetts Attorney General’s office released a webinar and business guidance to help companies comply with upcoming regulations on junk fees and negative option contracts. The webinar and guidance cover a...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: Practical Tips for When Your Company Gets an FTC CID

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Welcome to our new series on Federal Trade Commission (FTC) enforcement, where we will provide practical insights into emerging FTC priority areas for consumer protection and data privacy enforcement. Overall, the current FTC...more

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

Venable LLP

Compliance as a Competitive Advantage

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Recently, we presented on Compliance as a Competitive Advantage at Compliance University by Online Lenders Alliance. We shared a perspective we've developed over 20 years of working with financial services companies: that...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 2

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On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more

Troutman Pepper Locke

Understanding BBB Ratings: Building Trust and Mitigating Risks — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, we kick off a two-part series on the Better Business Bureau (BBB). Stephen Piepgrass, Michael Yaghi, and Dan Waltz explore the significance of the BBB for businesses, particularly in...more

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