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Areas of Interest
April 18th, 2023
FTC Alerts Nearly 700 Companies About Potential Penalties for Misleading Claims
Advertising Partner Jeffrey A. Greenbaum is quoted in the article, "FTC Alerts Nearly 700 Companies About Potential Penalties for Misleading Claims" published by The Wall Street Journal. The article discusses the recent FTC warnings sent to companies about the penalties they could face if they mislead consumers with substantiated product claims. The new warnings could apply to any marketers' statements about the performance of their products, and is part of a continuing effort to penalize brands that engage in deceptive marketing tactics. Jeff notes that a 2021 Supreme Court decision significantly limited the FTC's ability to seek financial damages for customers affected by such practices, but that the agency still has ways to take action. He is quoted saying, "The FTC can still penalize advertisers. While it only has the authority to seek $50,120 for any given violation, penalties could total millions or even hundreds of millions of dollars because of the way violations are counted. As a general matter, if 10 consumers see a deceptive ad, that’s 10 violations. These numbers can add up very quickly."
In conclusion, Jeff says, "The letter is likely to prompt many brands to review their marketing strategies even if they didn’t receive one directly. Companies on the list are at a disadvantage, however, because parties are only subject to penalties if they have already received such a notice."
Read the full article here.
Other Quoted
The Television Academy’s Second Annual AI Summit Pushed Calm—and Concern
IndieWire quotes Andrew Folks who spoke on a panel of legal experts at the Television Academy’s AI Summit at the Saban Media Center in North Hollywood. The speakers addressed AI's impact on the industry and talent. Mr. Folks stated that privacy and copyright laws “are grappling” to address AI. He explained regulatory actions, and the application of copyright law. He also discussed litigation, including how OpenAI and Google in a government proposal argued that fair use protections apply to all copyrighted material used for AI purposes. The article noted, "over 400 A-List Hollywood power players condemned such an action." View Article
March 21 2025
ICAS Announces Winners of the 2025 Global Awards at Annual Meetings in Mumbai
ICAS quotes Jeffrey A. Greenbaum on the importance of advertising self-regulation in protecting consumers and guiding brands on best practices in advertising. An international independent jury of self-regulatory experts chaired by Jeff chose six winners that contribute to responsible marketing practices and a more effective and impactful self-regulatory system. View Article
March 18 2025
Vegas Lights, Industry Nights, and the Future of Games
DICE quotes Sean F. Kane on the legal implications of generative AI in video games, including intellectual property uncertainty, privacy and data risks, and shifting platform policies.
March 17 2025
