In June 2014, the FDA issued draft guidance for the pharmaceutical industry titled "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical Devices." Read more.
September 12, 2014
There's big news for advertisers who have been "like-gating" content on their Facebook Pages. Read more.
August 12, 2014
Legal protection for individuals' rights of publicity continues to grow, even when the individual in question has died. Read more.
June 30, 2014
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve. Read more.
May 12, 2014
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions. Read more.
April 3, 2014
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments. Read more.
March 28, 2014
The Federal Trade Commission and The National Advertising Division of the Better Business Bureau recently challenged three product demonstrations by major brands, finding that they were misleading to consumers. Here is a rundown of these important regulatory and self-regulatory developments. Read more.
March 18, 2014
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
March 11, 2014
The Olympics and the Academy Awards always inspire advertisers to run ads congratulating winners. But not so fast. Michael Jordan's lawsuit over a congratulatory advertisement placed by Jewel-Osco Supermarkets in a Sports Illustrated special edition celebrating his induction into the Basketball Hall of Fame was just reinstated on appeal. Read more.
February 20, 2014
Now that the "Big Game" is over, marketers are turning their attention to the upcoming Winter Games in Sochi, Russia. While it is tempting to comment on and associate with big worldwide events as they are happening, bear in mind that there are rights holders that enforce and protect their rights to these events. Read more.
February 5, 2014
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled. Read more.
January 31, 2014
The Online Interest-Based Advertising Accountability Program has recently released a handful of decisions addressing the responsibilities of the advertiser, agency and platform when collecting consumer information for online behavioral advertising. Read more.
January 22, 2014
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication. Read more.
January 15, 2014
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed. Read more.
December 9, 2013
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States. Read more.
October 29, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls. Read more.
October 16, 2013
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content. Read more.
October 14, 2013
Popular video game manufacturer Electronic Arts recently settled claims brought against the company by former college athletes over EA's use of athletes' personas in its major game series, NCAA Football and NCAA Basketball. Read more.
October 14, 2013
Facebook introduced significant changes to its terms of service yesterday in an effort to make it easier for businesses to administer sweepstakes, contests and other promotions on its site. Read more.
August 28, 2013
In separate settlements with the FTC, three mattress manufacturers recently agreed to stop making alleged unsupported green claims, including that their mattresses do not contain harmful volatile organic compounds. Read more.
August 8, 2013
As part of its ongoing effort to provide guidance to digital advertisers (including the recent release of the updated digital advertising guidance, staff at the Federal Trade Commission's Bureau of Consumer Protection recently sent a letter to search engine companies, including Google, Bing, Yahoo! and various shopping, travel and local business search engines. Read more.
July 1, 2013
A big change in a small state may have made your skill contests easier: Vermont has amended its Contests and Sweepstakes law to permit marketers to require a purchase as part of a contest. Read more.
May 20, 2013
The Federal Trade Commission issued a report this week proposing to modernize the "Mail or Telephone Order Merchandise Rule". The rule, originally issued in 1975 and known by many as the"30 Day Rule", requires merchants selling products by mail or phone to have a reasonable basis to expect that they can ship products within the advertised time frame, or, if no time frame is specified, within 30 days. Read more.
May 8, 2013
The Joint Policy Committee and SAG-AFTRA reached a tentative deal on a new Commercials Contract. If approved, the deal will then be presented to SAG-AFTRA's full membership for ratification. Read more.
April 11, 2013
Yesterday, the staff of the Federal Trade Commission issued new guidance to advertisers about how to make effective disclosures in digital advertising. Updating the 2000 "Dot Com Disclosures" guidance, the new guidance, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," addresses technological developments over the last 10+ years, including the increased use of smart phones for advertising and social media marketing. Read more.
March 13, 2013
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