Professional Biography
Image of Jason Howell

Jason S. Howell Partner

Firmwide Co-Chair, Advertising, Marketing & Promotions Practice

  • Seattle

    D +1.206.359.3134

    F +1.206.359.4134

    Seattle

    1201 Third Avenue, Suite 4900

    Seattle, WA 98101-3099

    +1.206.359.3134

    JHowell@perkinscoie.com

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Overview

Experience

News

Insights

  • 02.22.2024
    Top Advertising Law Trends for 2024
    Updates
    With 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.
  • 08.03.2023
    FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs
    Updates
    The 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.
  • 07.27.2023
    Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement
    Updates
    Brands 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.
  • 04.04.2023
    FTC Proposes Rulemaking for Recurring Subscription Programs
    Updates
    The Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.
  • 01.05.2023
    New Year’s Resolutions for Successful Brand Partnerships in 2023
    Updates
    By 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.
  • 12.29.2022
    Keep Your New Year Happy and Bright With These Ad Law Tips
    Updates
    Another 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.
  • 10.04.2022
  • 09.15.2022
    Discussion with NAD on the FTC's Proposed Endorsement Guide Revisions
    Podcasts

    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.
  • 08.15.2022
    Aspiring To Be Green? Avoid Common Advertising Pitfalls
    Updates

    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.

  • 05.31.2022
    FTC Proposes Updated Guidance for Influencer and Consumer Review Programs
    Updates
    The 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.
  • 03.31.2022
    FTC Enforcement Hot Topics
    Podcasts

    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.
  • 03.09.2022
    Amanda Beane and Jason Howell Author Law360 Article—5 Advertising Enforcement Trends To Watch
    Articles

    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.
  • 02.03.2022
    2022 Compliance Landscape for Recurring Subscription Programs
    Updates
    Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
  • 12.16.2021
    Ad Law Resolutions for 2022
    Updates
    ‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
  • 12.14.2021
    Gender-based Pricing
    Podcasts
    Jason 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.
  • 11.16.2021
    Advertising Disputes—An Alternative to Litigation
    Podcasts
    For 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.
  • 09.08.2021
    Sustainability Advertising: Key Takeaways
    Updates
    In 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.
  • 06.24.2021
    National Advertising Division Weighs in on Advertising Claims Related to Lab-Grown Diamonds
    Blogs

    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”).

  • 06.09.2021
    Loyalty and Rewards Programs
    Podcasts
    Jason 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.
  • 05.27.2021
    5 Current Ad And Marketing Legal Risks To Watch Out For
    Articles

    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.
  • 04.13.2021
    Subscriptions and Recurring Billing: What You Need to Know
    Podcasts
    In this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses. 
  • 02.10.2021
    Practice in a Pandemic: In-house Counsel Work and Life Tips
    Podcasts
    Jason 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.
  • 12.14.2020
    Hot Ad Law Topics for 2021
    Updates
    Ring in the new year by avoiding practices that could result in class actions, regulatory enforcement actions, and competitor claims.
  • 11.30.2020
    Considerations for Marketing Cannabis Amid Varied Laws
    Articles

    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.

  • 11.09.2020
    Price, Sale, and Discount Advertising
    Podcasts
    Jason Howell and Amanda Beane discuss the basics of “was/now” pricing, discounts off of list and MSRP prices, and free offers.
  • 09.11.2020
    Green Advertising and Sustainability
    Podcasts

    The AMP Moment - Episode 2
    Where advertising, marketing, and promotions law meets practicing in the moment

    Jason Howell and Amanda Beane discuss green advertising, marketing, and sustainability issues, and how to navigate related pitfalls.

  • 08.04.2020
    Class Action Litigation in the COVID-19 Era
    Updates
    Hundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.
  • 07.22.2020
    Sustainability in Advertising Law
    Updates
    Brands continue to build their sustainability and environmental marketing programs in response to consumer demand.  
  • 07.16.2020
    COVID-19 and Advertising and Marketing Law
    Podcasts

    The AMP Moment - Episode 1
    Where advertising, marketing, and promotions law meets practicing in the moment

    Jason 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.
  • 03.19.2020
    LendEDU Agrees to Settle FTC Charges Alleging Deceptive Advertising Practices
    Blogs

    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.

  • 12.12.2019
    Hot Ad Law Topics for 2020
    Updates
    Don’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.
  • 08.30.2019
    When to Choose Between a Lawsuit or Filing a Challenge With the NAD
    Articles
    A 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. 
  • 05.03.2019
    FTC to Hold Workshop on Consumer Protection Issues Related to Video Game Loot Boxes
    Blogs
    On August 7, 2019, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to the sale of “loot boxes” in video games.
  • 11.27.2018
    Hot Ad Law Topics for the New Year
    Updates
    Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches.
  • 03.07.2018
    Marketers Beware
    Articles
    The 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.
  • 12.14.2017
    Top Advertising Law Enforcement Trends for the New Year
    Updates
    This holiday season, brands are ready for bustling sales, special offers and joyful consumers.
  • 08.11.2017
    ‘Tis the Season to Plan Ahead for Celebrity Endorsement Campaigns
    Updates
    The holiday season is around the corner, and retailers are planning their holiday marketing campaigns.
  • 05.30.2017
    FTC Sends Warning to Brands and Social Media Influencers
    Updates
    The 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.
  • 11.02.2015
    Advertising Holiday Discounts? How Retailers Can Avoid Lawsuits
    Updates
    With 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.
  • 12.23.2014
    Advertising Pitfalls and Best Practices to Respond to False Advertising Challenges
    Articles
    Advertising 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.
  • 09.10.2014
    Inside Views: The Perfect Package: A Checklist To Avoid Legal Challenges
    Articles
  • 07.09.2014
    The Perfect Package: A Checklist to Avoid Legal Challenges
    Updates
    Your 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.
  • 05.13.2014
    FTC Sends Warning About Using Social Media With Promotions
    Updates
    The 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.
  • 12.09.2013
    New California Advertising and Privacy Laws: What’s Your Compliance Plan?
    Updates
    California 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.
  • 11.06.2013
    Facebook Simplifies its Promotion Guidelines
    Updates
    Facebook 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.
  • 08.29.2012
    Another Step Toward Loosening Gambling Restrictions
    Updates
    On 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.
  • 01.23.2012
    Final Settlement Reached in Class Actions Against Premium SMS Sweepstakes
    Updates
    NBC, 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.
  • 11.29.2010
    FTC Proposes Revisions to Green Guides – It's Not Easy Being Green
    Updates
    Consumers 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.
  • 10.22.2009
    The Truth About "Green" Advertising Claims
    Updates
    Environmentally 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.
  • 11.08.2022 – 11.10.2022
    2022 ANA/BAA Marketing Law Conference
    Speaking Engagements

    Sponsorship
    ANA / Hollywood, FL

    Perkins Coie was a sponsor of the 2022 ANA/BAA Marketing Law Conference.

  • 06.29.2022
    NAD Hot Topics Marketing and Advertising Law Panel
    Speaking Engagements
    Sponsorship
    Panelist
    BBB National Programs / Seattle, WA
    Jason 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.
  • 04.05.2022
    NAD Hot Topics Marketing and Advertising Law Panel
    Speaking Engagements
    Sponsorship
    Panelist
    BBB National Programs / Virtual
    Jason 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 - 11.17.2021
    2021 ANA/BAA Marketing Law Conference
    Speaking Engagements
    Sponsorship
    ANA / Virtual & San Diego, CA
    Perkins Coie is a platinum sponsor of the virtual 2021 ANA/BAA Marketing Law Conference.
  • 09.29.2021 - 10.01.2021
    2021 National Advertising Division (NAD) Annual Conference
  • Top Advertising Law Trends for 2024

    With 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. Click here to read the full Update. Continue Reading…

  • Judge Rules Water Bottler Must Face Class Action Over “Carbon Neutral” Claims

    Key Update: The lawsuit seeks to represent a nationwide class and a California subclass of consumers who purchased Evian brand water bottles. The plaintiffs claimed that the Carbon Trust certification logo on the packaging misled customers into believing that the product’s manufacturing process had no carbon footprint. The plaintiffs also assert that Danone’s advertising is... Continue Reading…

  • FTC Warns Trade Associations and Influencers About Social Media Posts Promoting Sugar

    Key Update: The warning letters sent by the FTC urge the health and diet influencers to review their Instagram, TikTok, and other social media posts to ensure that any material connections are clearly and conspicuously disclosed. The FTC alleged that none of the influencer posts contained video disclosures, and some influencers did not disclose their... Continue Reading…

  • 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... Continue Reading…

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