Although marijuana is now legal for recreational or medical use in 37 states, it is still a federal crime to grow, sell or possess marijuana. With Congress unable to come to an agreement on marijuana's legal status, the Biden administration has been considering other means at its disposal to Continue Reading
FTC Finalizes CARS Rule
Update The FTC is postponing the effective date of the CARS Rule while a legal challenge brought by the National Automobile Dealers Association and the Texas Automobile Dealers Association is pending. The trade groups have stated that the rule is “arbitrary, capricious, an abuse of discretion, Continue Reading
Insights from the 2023 NAD Conference: ESG, Dark Patterns, AI & More
The Bottom Line The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims, dark patterns, consumer review practices, artificial intelligence (AI) and much more. As Continue Reading
Twitter Goes Green: What This Means for Marijuana Advertising
The Bottom Line The federal prohibitions on marijuana and ingestible CBD make for a complicated compliance environment for media companies, advertisers, agencies and ad tech companies.Twitter’s decision to accept advertising in the space represents a massive sea change for the industry’s online Continue Reading
Top 10 Advertising and Marketing Issues for 2023
The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
The Bottom Line Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made Continue Reading
New Age Targeting Requirements for Beer Advertising
The Bottom Line The Beer Institute and Brewers Association increased the advertisement targeting requirements for beer ads to 73.6% from 71.6%.In response, the beer industry – and publishers, media companies, media buying agencies and influencers – will need to retool their ad targeting and Continue Reading
Brewers Association | Promoting Your Brand in Compliance with the Law
On August 4, Louis DiLorenzo, Davis+Gilbert Advertising + Marketing associate, will speak on a Brewers Association's CollabHour webinar entitled “Promoting Your Brand in Compliance with the Law.” Session Overview Advertising for a brewery can be legally complicated. In addition to the federal Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
The Bottom Line 2022 has the potential to be a major year for the advertising and marketing industry — new laws and guidance are going into effect, the Federal Trade Commission (FTC) is reviewing various guides, and new enforcement priorities have emerged. We expect that a number of trends Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading