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Publications
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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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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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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.
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... -
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... -
Junk Fees Under Scrutiny: FTC Issues Proposed Rulemaking
Key Updates: Two types of fees are prohibited by the proposed rule: The Commission voted 3-0 to approve the publication of the notice of proposed rulemaking. Consumers have 60 days after the notice is published in the Federal Register to submit comments electronically. The FTC proposal is part of a larger effort to combat hidden... -
FTC Staff Perspective: Preventing Blurred Advertising to Children
The FTC released a staff paper in September 2023 directed at businesses and social media influencers who promote products to children online. The paper includes findings from the FTC’s October 2022 workshop, “Protecting Kids From Stealth Advertising in Digital Media,” which addressed the issue of blurred advertising that makes it hard for children to distinguish...
