The Bottom Line Courts will look to product packaging and advertising as a whole when evaluating whether those materials can support a false advertising or deceptive trade practices claim, unless the package or advertisement includes a prominent statement or description that is unambiguously Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line In 2022, cosmetic companies in California will be subject to heightened reporting obligations under the California Fragrance and Flavor Ingredient Right to Know Act.Keep in mind that federal law prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce, and Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line By 2024, California’s new recyclability standard will impose heightened restrictions on companies making recyclability claims. Similar proposals have also been introduced in several other states. The FTC has indicated that it will initiate a review of the Green Guides in Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line Assembly Bill 45 in California now permits food and dietary supplement products to include CBD.The differing approaches by the California and federal governments highlights the complicated regulatory environment for ingestible CBD products.Brands, agencies and media companies Continue Reading
Bright Ideas | Puff Puff Passing Off: Chronic Trademark Issues in the Growing Industry of Legal Cannabis
Marijuana Legalization Has Other States Green with Envy
The Bottom Line In less than a decade, marijuana has gone from illegal to legal in a plurality of states, and the push for legalization is only strengthening.Although opportunities abound for the marketing industry in the marijuana industry, there are still legal risks to manage. Agencies Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS’s newly published guidelines for advertisers is now readily available and advertisers should take it into consideration when developing advertising.Submitting advertising for network clearance is the best way to ensure that advertising will be accepted by each Continue Reading
Davis+Gilbert Counsel 2U® Advertising + Marketing Webinar | Guiding You Through the Weeds: Hot Topics in CBD and Cannabis Advertising
As more and more states legalize recreational and medical cannabis and the federal government eases certain restrictions on hemp-based products, such as CBD, publishers, ad tech companies, creative agencies and others in the marketing industry are anxious to jump into this potentially lucrative new Continue Reading