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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
Honesty is Not the Same as Full Disclosure: the FTC’s Recent Letters to Influencers
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.
April 21 2017
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business.
March 8 2017
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act.
December 15 2016