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September 26th, 2011
Distilled Spirits Council Issues New Social Media Marketing Guidelines
Last week, the Distilled Spirits Council of the United States ("DISCUS") issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications.
Key requirements of the new DISCUS guidelines include:
- "Age-gating" on websites before any direct communication between advertisers and consumers;
- Regular monitoring and moderating of websites that include user generated content, and removal of inappropriate content;
- Where online content is intended to be forwarded by users, marketers must include instructions that content should only be forwarded to those who are of legal purchase age;
- Clear identification of online communications as advertising;
- Inclusion of social responsibility statements in all communications, where practicable; and
- Standards for privacy policies.
The new guidelines are intended to supplement, and be read in conjunction with, the DISCUS Code of Responsible Advertising Practices. Earlier this year, DISCUS updated the ":Code" to restrict marketing to media where at least 71.6% of the audience is reasonably expected to be of the legal purchase age. As reported by DISCUS, an August 2011 Nielsen survey shows that 82.22% of the Facebook audience, 86.86% of the Twitter audience, and 80.96% of the YouTube audience is at least 21 years of age.
If you have any questions about the new DISCUS guidelines, please contact Jeff Greenbaum at (212) 826 5525, firstname.lastname@example.org; Candice Kersh at (212) 826 5562, email@example.com; Claudine Wilson at (212) 705 4842, firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day.
July 10 2017
FTC “Influencer” Letters Shed More Light on “Clear and Conspicuous”
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media.
May 30 2017
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms.
May 10 2017