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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
FTC Research Indicates Disclosures Help Consumers Recognize Ads
The FTC has long stated that consumers should be able to recognize an ad as an ad. And if disclosures are necessary to ensure that consumers will recognize that an ad is an ad, then those disclosures must be made in a way that ensures that consumers can understand them.
January 5 2018
New Low-Budget Waiver is Now Available for Digital Commercial Productions
Advertisers and agencies that are signatories to the SAG-AFTRA Commercials Contract can now take advantage of a new waiver issued by SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations when producing low-budget digital commercials.
November 10 2017
FTC Updates Endorsement Guide FAQs and Settles First-Ever Action Against Individual “Influencers”
Recent developments demonstrate the FTC's continued interest in social media endorsements.
September 11 2017