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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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05.03.2019FTC to Hold Workshop on Consumer Protection Issues Related to Video Game Loot BoxesBlogsOn 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.
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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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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…
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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…
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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…
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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…
