5th Edition: Trends in Marketing Communications Law Federal and State Updates In 2017, the Federal Trade Commission (FTC) continued to focus on data collection and information security practices, calling for more nuanced consent and disclosure practices and the implementation of adequate Continue Reading
Biometrics and Artificial Intelligence: The New Technological Frontier
5th Edition: Trends in Marketing Communications Law Biometric Data In recent years, more companies have adopted the use of biometric data, such as facial recognition software and applications, in their internal business operations and to analyze customer behaviors for marketing purposes. This Continue Reading
Supreme Court Seeks to Curb the Worst Abuses of the Patent System
5th Edition: Trends in Marketing Communications Law Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken. Besieged by a tide of weak patents and baseless patent troll litigations, these stakeholders argued that the current patent climate Continue Reading
Native Advertising: Here to Stay, and So Are Regulators
5th Edition: Trends in Marketing Communications Law The native advertising trend is showing no signs of slowing down. With regulators paying increased attention to adequate disclosures of paid relationships in digital, mobile and social media, marketers, publishers and their agencies should not Continue Reading
The NAD Takes on Health and Fitness Fads (and a Few Kardashians in the Process)
5th Edition: Trends in Marketing Communications Law Every year brings with it a new set of health and fitness fads, and a new set of opportunistic marketers seeking to take advantage of consumers’ never-ending desire to look and feel their best. Never one to blindly follow trends, the Advertising Continue Reading
Privacy, Transparency and Quality Issues Drive Changes in Digital Marketing
5th Edition: Trends in Marketing Communications Law Throughout 2018, publishers, marketers and agencies will continue to employ new technologies, products and services to address evolving consumer privacy, advertiser transparency and brand safety issues. Among the new consumer privacy Continue Reading
Notice Period Is Over: Regulators Heighten Focus on Individual Influencers
5th Edition: Trends in Marketing Communications Law Regulators and public watchdog groups intensified their focus on paid influencer marketing campaigns in 2017. Last spring, in the wake of petitions published by groups such as Public Citizen and TruthInAdvertising.org, which flagged "suspicious" Continue Reading
FTC Enforcement Priorities in a New Administration
5th Edition: Trends in Marketing Communications Law The changing of the guard for the federal government often signals changing priorities, especially where regulatory agencies are concerned. Unlike some agencies, which have decreased enforcement activities as a result of the Trump Continue Reading
Regulatory and Class Action Claims Against “Healthy” and “Natural” Food and Dietary Supplement Products on the Rise
5th Edition: Trends in Marketing Communications Law The U.S. Food and Drug Administration (FDA) and class action bar are continuing to pursue enforcement and litigation against food and dietary supplement manufacturers who make drug claims, and in 2017, paid particular attention to products Continue Reading
FDA Withdraws Anti-Aging Import Alert and Continues Oversight Over Cosmetics Claims
5th Edition: Trends in Marketing Communications Law In late 2017, the U.S. Food and Drug Administration (FDA) officially withdrew Import Alert 66-38, "Skin Care Products Labeled as Anti-Aging Creams" (IA 66-38), potentially opening the doors for cosmetics manufacturers and marketers to make Continue Reading