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Areas of Interest
April 11th, 2011
FCC Takes Action Against TV Stations for “Commercials in Disguise”
The Federal Communications Commission (“FCC”) recently issued "Notices of Apparent Liability" against two television stations for allegedly airing news segments produced and supplied by advertisers, without disclosing that the segments were advertiser-supported.
The notices were issued against an NBC affiliate in Wildwood, New Jersey and a Fox-owned station in Minneapolis for airing video news releases about, respectively, the cold remedy Zicam and a line of Pontiac and Saturn convertibles. The FCC rejected the stations’ argument that no sponsorship identification announcement was required because the stations and their employees did not receive and were not promised consideration for the broadcast of the VNRs. The FCC found that supplying a video news release for a broadcaster’s use constitutes “valuable consideration” that requires a sponsorship identification announcement under FCC rules.
Read full - Notice of Apparant Liability against NBC affiliate.
Read full - Notice of Apparant Liability against Fox-owned station.
If you have any questions about this FCC action, please contact Jeffrey A. Greenbaum at (212) 826 5525 or jgreenbaum@fkks.com, or any other member of the Frankfurt Kurnit Advertising Group. For more alerts and general announcements from our firm, follow us on Twitter
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
