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Publications
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03.19.2024North Carolina Sports Gambling Goes Live, Other States in Close PursuitUpdatesNorth Carolina joined approximately 29 other states and became the most recent state with legal online sports betting on March 11, 2024.
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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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04.19.2023Vendor Licensing Lessons Learned From Seton Hall’s Regulated Gaming ConferenceBlogsWe recently attended the fourth annual Seton Hall Law School Gaming Law, Compliance & Integrity Bootcamp.
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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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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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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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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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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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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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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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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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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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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.
Presentations
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05.21.2020Advertising and Consumer Protection Law UpdateSpeaking EngagementsAssociation of National Advertisers / Webinar
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04.25.2019Comparative Advertising: Strategies for Comparative CampaignsSpeaking EngagementsWSBA CLE Program / Seattle, WA
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…
