News & Analysis as of

Transparency Advertising Marketing

Akin Gump Strauss Hauer & Feld LLP

European Commission Invites Comments on Future Digital Fairness Act

On 17 July 2025, the European Commission (EC) launched a public consultation on a future Digital Fairness Act. The consultation is open until 9 October 2025. European Union (EU) and non-EU stakeholders are invited to submit...more

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index

This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more

BakerHostetler

[Podcast] AD Nauseam: Phyllis!

BakerHostetler on

In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more

Hogan Lovells

The use of influencers in France to promote health products and services online

Hogan Lovells on

The online practices of influencers are now specifically regulated in France since a new legal framework has been set up with the law of 9 June 2023, amended on 6 November 2024 (the “Law”). The Law aims at regulating...more

Kelley Drye & Warren LLP

NAD Decision Addresses Review Claims

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought...more

Kilpatrick

Are Your Ads Sending the Wrong Message? Lessons from Total Wireless

Kilpatrick on

The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused....more

Good2bSocial

The Latest LinkedIn Updates Every Law Firm Needs to Know

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Staying updated on changes in social media platforms is crucial for maintaining a strong online presence. Recently, LinkedIn rolled out several updates that law firms and other professionals should be aware of to optimize...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

Foley & Lardner LLP on

Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

Lerman Senter PLLC on

The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Mandelbaum Barrett PC

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

Mandelbaum Barrett PC on

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services,...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

Foley & Lardner LLP on

In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Good2bSocial

Facebook Advertising for Law Firms: How Law Firms Can Use Facebook’s Ad Library

Good2bSocial on

If you’re using Facebook Advertising, then you have a wealth of valuable resources at your fingertips. The Facebook Ad Library offers legal marketers several hacks, including seeing competitor ads and getting inspiration for...more

Hutchison PLLC

What’s the Difference Between a Public Benefit Corporation and a B Corp Certification?

Hutchison PLLC on

At risk of stating the blindingly obvious, all founders of for-profit companies want their businesses to be profitable. It’s the table stakes for starting and running a business. But what if you wanted to do more?...more

Hogan Lovells

House of Lords issues report on digital advertising market

Hogan Lovells on

Yesterday the House of Lords published a report into the UK’s digital advertising market. It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing...more

Morgan Lewis

FTC Letters to Endorsers Highlight Need for Transparency in Social Media Advertising

Morgan Lewis on

The Federal Trade Commission sent letters to online influencers and marketers regarding disclosure obligations in social media endorsements....more

Ballard Spahr LLP

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

Ballard Spahr LLP on

If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more

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