4th Edition: Trends in Marketing Communications Law The continuing growth in native advertising is leading to increasing regulatory scrutiny into whether consumers can distinguish native advertisements from surrounding non-paid content, and whether disclosures are being used Continue Reading
Self-Regulation Meets Self-Mediation
4th Edition: Trends in Marketing Communications Law Revisions to the challenge and appeal process recently introduced by the National Advertising Division of the Council of Better Business Bureaus (NAD) are making proceedings before the NAD considerably more efficient for challengers and Continue Reading
Regulators Address Consumer Trust, Choice and Safety In Digital Marketing
4th Edition: Trends in Marketing Communications Law Businesses and regulators are focusing on cross-device tracking, ad blocking technologies and ad fraud, with particular attention to consumer trust, choice and safety issues. The cross-device guidance issued by the Digital Advertising Continue Reading
Legal Marijuana’s Uncertain Path Forward
4th Edition: Trends in Marketing Communications Law Efforts to legalize marijuana took a major step forward in 2016, with four new states voting in November to legalize recreational marijuana use. It is now legal in eight states and the District of Columbia, covering almost one quarter of the Continue Reading
Influencer Campaigns See Increased Scrutiny
4th Edition: Trends in Marketing Communications Law Marketers and their agencies are seeing increased regulatory scrutiny of their influencer campaigns as the popularity of influencers continues to grow and influencer networks become a greater marketing force. The Federal Trade Commission Continue Reading
FTC Renews Focus On Efficacy And Safety Claims
4th Edition: Trends in Marketing Communications Law The Federal Trade Commission (FTC) has increased its enforcement efforts against marketers for failing to substantiate their efficacy and safety claims with competent and reliable evidence. When evaluating claims about the efficacy and safety Continue Reading
FDA Continues Crackdown on Cosmetics Marketing Claims, and Microbead Ban Begins
4th Edition: Trends in Marketing Communications Law Regulating cosmetics continues to be an important priority for the Food and Drug Administration (FDA), although it remains to be seen whether the new administration will take a different approach. The FDA issued 30 warning letters to Continue Reading
Green Claims May Be Heating Up
4th Edition: Trends in Marketing Communications Law Although the climate change rhetoric coming out of Washington, D.C. may have some believing that regulatory scrutiny of "green" claims will soften, a closer look at the current political and social climate at the state level and in the private Continue Reading
Can Anyone Be Happy Together After Sirius XM Copyright Decision?
4th Edition: Trends in Marketing Communications Law Flo & Eddie Inc., the owner of the sound recordings such as "Happy Together" created by the 1960s band The Turtles, brought suit against Sirius XM on behalf of itself and a class of pre-1972 sound recording owners for broadcasting numerous Continue Reading
Courts, Not Congress, Are Resolving Copyright Issues
4th Edition: Trends in Marketing Communications Law The most significant developments in U.S. copyright law will be coming from the courts and not elected officials this year, continuing a trend from 2016. Congress is not expected to expand copyright protection for clothing, combat offshore Continue Reading