Publications
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02.22.2024Top Advertising Law Trends for 2024UpdatesWith the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.
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08.03.2023FTC Finalizes Updated Guidance for Influencer and Consumer Review ProgramsUpdatesThe Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.
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07.27.2023Sustainability Advertising: US and EU Regulators Boost Guidance and EnforcementUpdatesBrands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. This Update summarizes certain regulatory developments in the United States and EU related to green claims.
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04.04.2023FTC Proposes Rulemaking for Recurring Subscription ProgramsUpdatesThe Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.
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01.05.2023New Year’s Resolutions for Successful Brand Partnerships in 2023UpdatesBy conducting due diligence and securing reasonable contractual protections before entering a relationship, brands and personalities can start their partnerships on the right foot and help protect their value and reputations. In this Update, we outline some key steps to help avoid potential public relations and legal woes associated with co-branding and endorsement arrangements.
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12.29.2022Keep Your New Year Happy and Bright With These Ad Law TipsUpdatesAnother new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.
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10.04.2022
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09.15.2022Discussion with NAD on the FTC's Proposed Endorsement Guide RevisionsPodcasts
The AMP Moment - Episode 10
Laura Brett, Vice President of BBB National Programs' National Advertising Division (NAD), recently spoke with Jason and Amanda to discuss recent trends at the NAD, along with her reactions to the Federal Trade Commission's proposed updates to the Endorsement Guides that set rules of the road for influencer marketing and the use of consumer reviews in advertising. -
08.15.2022Aspiring To Be Green? Avoid Common Advertising PitfallsUpdates
Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. However, with growing popularity comes extra scrutiny, and “green claims” are increasingly subject to challenge by regulators, competitors, and class action plaintiffs.
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05.31.2022FTC Proposes Updated Guidance for Influencer and Consumer Review ProgramsUpdatesThe Federal Trade Commission recently proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. This article introduces key proposed changes to the Guides that signal the FTC’s evolving views on how to avoid deceptive practices related to social media influencers, customer review programs, advertising to children, and more.
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03.31.2022FTC Enforcement Hot TopicsPodcasts
The AMP Moment - Episode 9
Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law. -
03.09.2022Amanda Beane and Jason Howell Author Law360 Article—5 Advertising Enforcement Trends To WatchArticles
Law360
Savvy companies keep a watchful eye out for advertising, marketing and promotion practices that tend to draw significant scrutiny from consumers and regulators. This year, the Federal Trade Commission is expected to be more aggressive on consumer protection issues than it has been in the recent past, and the state consumer protection law and enforcement landscape is shifting too. -
02.03.20222022 Compliance Landscape for Recurring Subscription ProgramsUpdatesBusinesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
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12.16.2021Ad Law Resolutions for 2022Updates‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
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12.14.2021Gender-based PricingPodcastsJason Howell and Amanda Beane team up with Mark Richardson from Target Corporation to discuss the New York state Pink Tax law and its application to retailers and brands.
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11.16.2021Advertising Disputes—An Alternative to LitigationPodcastsFor 50 years, the National Advertising Division (NAD) has been at the forefront of monitoring national advertising, enforcing high standards of truth and accuracy, and resolving advertising disputes (typically between competitors) to build consumer trust and support fair and truthful marketing.
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09.08.2021Sustainability Advertising: Key TakeawaysUpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss best practices based on Federal Trade Commission guidance and the most recent green advertising litigation trends.
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06.24.2021National Advertising Division Weighs in on Advertising Claims Related to Lab-Grown DiamondsBlogs
The National Advertising Division (NAD) recently issued recommendations to diamond companies in response to two challenges concerning advertising claims for diamonds that are created in a laboratory, rather than mined from the earth (commonly referred to as “lab-grown diamonds” or “LGDs”).
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06.09.2021Loyalty and Rewards ProgramsPodcastsJason Howell and Amanda Beane team up with Miriam Farhi, co-chair of Perkins Coie’s Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.
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05.27.20215 Current Ad And Marketing Legal Risks To Watch Out ForArticles
Law360
Companies continue to use various marketing initiatives and tactics to differentiate themselves in the marketplace, while navigating the ongoing pandemic and new legislative and regulatory developments. -
04.13.2021Subscriptions and Recurring Billing: What You Need to KnowPodcastsIn this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses.
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02.10.2021Practice in a Pandemic: In-house Counsel Work and Life TipsPodcastsJason Howell and Amanda Beane and guest Lindsey Buckner from 7-Eleven discuss common challenges for in-house legal, including how to seamlessly integrate with in-house marketing teams and how to create work-life boundaries while working from home during the pandemic.
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12.14.2020Hot Ad Law Topics for 2021UpdatesRing in the new year by avoiding practices that could result in class actions, regulatory enforcement actions, and competitor claims.
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11.30.2020Considerations for Marketing Cannabis Amid Varied LawsArticles
Law360
As the dust clears from the 2020 general election, four more states have legalized recreational marijuana, bringing the total up to 15 states and the District of Columbia.
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11.09.2020Price, Sale, and Discount AdvertisingPodcastsJason Howell and Amanda Beane discuss the basics of “was/now” pricing, discounts off of list and MSRP prices, and free offers.
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09.11.2020Green Advertising and SustainabilityPodcasts
The AMP Moment - Episode 2
Where advertising, marketing, and promotions law meets practicing in the momentJason Howell and Amanda Beane discuss green advertising, marketing, and sustainability issues, and how to navigate related pitfalls.
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08.04.2020Class Action Litigation in the COVID-19 EraUpdatesHundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.
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07.22.2020Sustainability in Advertising LawUpdatesBrands continue to build their sustainability and environmental marketing programs in response to consumer demand.
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07.16.2020COVID-19 and Advertising and Marketing LawPodcasts
The AMP Moment - Episode 1
Where advertising, marketing, and promotions law meets practicing in the momentJason Howell and Amanda Beane discuss practicing law in the current climate and share hot marketing and litigation topics and observations during COVID-19, including health claims, cause marketing, and consumer contracts. -
03.19.2020LendEDU Agrees to Settle FTC Charges Alleging Deceptive Advertising PracticesBlogs
Operators of the LendEDU website entered into a settlement agreement with the Federal Trade Commission (FTC) in response to allegations that LendEDU misled consumers by claiming that its website provided objective, unbiased rankings of financial products, when in fact they offered better ratings to companies that paid for the endorsement.
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12.12.2019Hot Ad Law Topics for 2020UpdatesDon’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2020 approaches.
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08.30.2019When to Choose Between a Lawsuit or Filing a Challenge With the NADArticlesA competitor has engaged in high-profile false advertising, and your CEO wants to use an enforcement hammer with more weight than a cease-and-desist letter.
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11.27.2018Hot Ad Law Topics for the New YearUpdatesHere are five ad law takeaways for brand and legal teams to consider as 2019 approaches.
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03.07.2018Marketers BewareArticlesThe Federal Trade Commission is experiencing a major shakeup this year, with several new commissioners slated for approval. The changing composition of the FTC has led many to believe that the newly-appointed commissioners will be less active than their predecessors – or at least less inclined to seek financial penalties for certain marketing tactics – but that they will still target advertising practices that deceive and harm consumers.
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12.14.2017Top Advertising Law Enforcement Trends for the New YearUpdatesThis holiday season, brands are ready for bustling sales, special offers and joyful consumers.
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08.11.2017‘Tis the Season to Plan Ahead for Celebrity Endorsement CampaignsUpdatesThe holiday season is around the corner, and retailers are planning their holiday marketing campaigns.
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05.30.2017FTC Sends Warning to Brands and Social Media InfluencersUpdatesThe FTC recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media posts that promote the marketer, unless the connection is already clear from the context of the posts.
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11.02.2015Advertising Holiday Discounts? How Retailers Can Avoid LawsuitsUpdatesWith the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price” comparisons, in which retailers emphasize new, lower prices reduced from pre-holiday “regular” prices.
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12.23.2014Advertising Pitfalls and Best Practices to Respond to False Advertising ChallengesArticlesAdvertising should command consumers’ interest and improve sales, rather than draw costly legal challenges that can deplete a brand’s resources and tarnish its reputation. For this reason, brands and their legal teams should carefully review and manage advertising to reduce the likelihood of scrutiny by state and federal regulators, plaintiffs’ attorneys and competitors.
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09.10.2014Inside Views: The Perfect Package: A Checklist To Avoid Legal ChallengesArticles
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07.09.2014The Perfect Package: A Checklist to Avoid Legal ChallengesUpdatesYour product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists.
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05.13.2014FTC Sends Warning About Using Social Media With PromotionsUpdatesThe Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.
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12.09.2013New California Advertising and Privacy Laws: What’s Your Compliance Plan?UpdatesCalifornia recently enacted two laws regarding Do Not Track Transparency and Advertising to Minors that will have a significant impact on all companies that operate commercial websites, host mobile applications or provide advertising or analytics technology services.
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11.06.2013Facebook Simplifies its Promotion GuidelinesUpdatesFacebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through apps and restricted sponsors’ use of basic Facebook functions, such as a "like" or a message to a sponsor’s Facebook Page, in connection with a promotion.
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08.29.2012Another Step Toward Loosening Gambling RestrictionsUpdatesOn August 21, 2012, the U.S. District Court for the Eastern District of New York held that poker is a game of skill and thus running a poker game or business is not subject to federal prosecution under the federal Illegal Gambling Business Act ("IGBA"). Following on the heels of the Justice Department's September 20, 2011 ruling that the Wire Act (which prohibits using wire-line communications to place or receive bets) only applied to sports betting, last week's ruling may be another step toward legalizing online poker.
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01.23.2012Final Settlement Reached in Class Actions Against Premium SMS SweepstakesUpdatesNBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.
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11.29.2010FTC Proposes Revisions to Green Guides – It's Not Easy Being GreenUpdatesConsumers crave environmentally friendly products and services, so naturally advertisers weave "green" messages into advertising, using "eco-friendly" words, images, brand names, logos and certifications. But making false or misleading green claims can trigger legal challenges that result in a wide range of penalties and negative publicity.
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10.22.2009The Truth About "Green" Advertising ClaimsUpdatesEnvironmentally friendly advertising claims effectively grab the attention of consumers hungry for "green" products and services. But as you prepare your holiday advertising, there are several things to keep in mind if you are making "green" claims.
Presentations
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04.17.2024Hot Topics in Price & Sale Advertising PresentationSpeaking EngagementsSpeeding Ahead: Social and Digital Media Confront Increased Regulatory Review
Marketing and Advertising Law 2024 / Webinar -
11.08.2022 – 11.10.20222022 ANA/BAA Marketing Law ConferenceSpeaking Engagements
Sponsorship
ANA / Hollywood, FLPerkins Coie was a sponsor of the 2022 ANA/BAA Marketing Law Conference.
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06.29.2022NAD Hot Topics Marketing and Advertising Law PanelSpeaking EngagementsSponsorship
Panelist
BBB National Programs / Seattle, WAJason Howell and Amanda Beane, co-chairs of the firm’s Advertising, Marketing & Promotions (AMP) industry group, partnered with Laura Brett of BBB National Programs and Patricia Doyle from Microsoft to host a marketing and advertising law panel discussion on June 29. -
04.05.2022NAD Hot Topics Marketing and Advertising Law PanelSpeaking EngagementsSponsorship
Panelist
BBB National Programs / VirtualJason Howell and Amanda Beane, co-chairs of the firm’s Advertising, Marketing & Promotions (AMP) industry group, partnered with Laura Brett of BBB National Programs to host a marketing and advertising law panel discussion on April 5. -
11.15.2021 - 11.17.20212021 ANA/BAA Marketing Law ConferenceSpeaking EngagementsSponsorship
ANA / Virtual & San Diego, CAPerkins Coie is a platinum sponsor of the virtual 2021 ANA/BAA Marketing Law Conference.
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09.29.2021 - 10.01.20212021 National Advertising Division (NAD) Annual ConferenceSponsorship
National Advertising Division (NAD) / Virtual -
11.10.2020 - 11.12.20202020 ANA/BAA Marketing Law Conference: A Virtual ExperienceSpeaking EngagementsSponsorship
ANA/BAA Marketing Law Conference / VirtualPerkins Coie was a platinum sponsor of the virtual 2020 ANA/BAA Marketing Law Conference. -
10.05.2020 – 10.07.20202020 National Advertising Division (NAD) Annual ConferenceSponsorship
National Advertising Division (NAD) / Virtual -
05.21.2020Advertising and Consumer Protection Law UpdateSpeaking EngagementsAssociation of National Advertisers / Webinar
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11.04.2019 - 11.06.2019Data Collection, Use & Marketing: Targeting/Retargeting & Behavioral ControlSpeaking Engagements
Sponsorship
2019 ANA/BAA Marketing Law Conference / San Diego, CA -
11.04.2019 - 11.06.2019Price and Sales AdvertisingSpeaking Engagements
Sponsorship
2019 ANA/BAA Marketing Law Conference / San Diego, CA -
04.25.2019Comparative Advertising: Strategies for Comparative CampaignsSpeaking EngagementsWSBA CLE Program / Seattle, WA
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11.11.2016
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11.03.2016Advertising and Marketing Law for the 21st CenturySpeaking EngagementsWashington State Bar Association CLE / Seattle, WA
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09.30.2016THE BIG PICTURE: Your In-House Checklist for Product Development and Avoiding Potential RisksSpeaking Engagements4th Food & Beverage Litigation, Compliance and Regulatory Exchange
Loyola University / Chicago, IL -
05.12.2015Consumer Protection Update-Federal Trade Commission and National Advertising Division DevelopmentsSpeaking Engagements
American Bar Association (ABA) Committee on Consumer Protection
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09.09.2014Communicating Effective Disclosures With Limited Real Estate: Complying with the FTC’s .com Disclosures on a Facebook Page, in a Hashtag, on a Smartphone, or in 140 Characters or LessSpeaking EngagementsDigital Advertising Compliance: Sweepstakes, Promotions & Social Media / New York, NY
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07.29.2014Strategy Panel: How to Structure Your Marketing Campaigns Using "Natural," "Gluten-Free," Organic," "Non-GMO": Preventing the Mistakes That Can Lead to Costly LitigationSeminarsAmerican Conference Institute / Chicago, ILPerkins Coie Partner Jason Howell talks about how to optimize your marketing efforts without exposing your company to litigation.
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10.22.2009 & 11.18.2009Sweepstakes & ContestsSeminarsPerkins Coie / Seattle, WA; Portland, OROur Sweepstakes & Contests presentation was designed to provide your in-house legal and marketing teams with the tools needed when planning and executing any promotional campaign that involves the awarding of prizes.
Consumer Protection Review
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The FTC’s Latest AI and Your Business
The Federal Trade Commission (FTC) recently published a new blog post within its series titled “AI and Your Business.” The post emphasized the FTC’s views on the importance of accuracy, transparency, and privacy as brands continue to incorporate artificial intelligence (AI) in their businesses, particularly through anthropomorphic AI chatbots and avatars. The FTC specifically recommends... Continue Reading…
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From California to New York, Junk Fees Continue to Be a Hot Topic for Legislators and Regulators
Key Updates: Fees and all-in pricing continue to be hot topics at both state and federal levels. As mentioned in our previous blog post, California’s “drip pricing” law SB 478 will come into effect on July 1, 2024, restricting how businesses can present prices and fees. The law prohibits advertising, displaying, or offering prices for... Continue Reading…
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CARU Issues Warning About Using AI in Child-Directed Advertising and Data Collection
Key Updates: CARU recently issued a compliance warning to put advertisers, brands, endorsers, developers, toy manufacturers, and others on notice that the Advertising Guidelines and Privacy Guidelines apply to the use of AI in advertising to and collecting personal data from children under 13. A few highlights from the compliance warning follow. Brands should: For... Continue Reading…
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Is Your Trademark Notice an Advertising Claim?
In an unusual decision[1] this month, the National Advertising Division of BBB National Programs (NAD) recommended that Planting Hope Brands (PHB), a plant-based food and beverage company, discontinue its use of the registered trademark symbol or ® on the packaging and advertising for its product RIGHTRICE, a plant-derived flour-based kernel. In the Fast-Track SWIFT challenge... Continue Reading…