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Areas of Interest
March 28th, 2023
The FTC Is Updating Guidance on Environmental Claims. Here’s What That Means
Advertising Partner Jeffrey A. Greenbaum is quoted in the article, "The FTC Is Updating Guidance on Environmental Claims. Here's What That Means" published by Adweek. The article discusses the FTC's new guidance on environmental claims, set to be issued at the end of the FTC's public comment period. Jeff is quoted saying, "That doesn't mean advertisers are completely in the dark or that they should take environmental claims lightly in the meantime. Just because it's not defined in the guides doesn't mean you should think you get a free pass on sustainability."
Jeff adds that advertisers should take great care in regards to the clues within the FTC's request for public comment. The agency asked for insights on claims related to carbon neutrality, climate change, recyclability, and compostability. He says, "There's nothing preventing the agency from taking enforcement action against a company for its misleading claims before the Green Guides are officially released."
In conclusion, Jeff says, “The FTC is sending pretty clear messages about the things that they care about. What marketers should be doing is thinking about how those issues impact their advertising, and they should start to take action now.”
Read the full article here.
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
