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
Children’s Privacy and Children-Directed Influencer Marketing Face Greater Scrutiny
4th Edition: Trends in Marketing Communications Law Regulators and industry watchdogs, concerned that children are becoming more vulnerable to new technologies and sales techniques used by marketers, are taking a stronger stance against practices that violate children’s privacy and marketing Continue Reading
Change Comes Slowly for Alcohol Brands
4th Edition: Trends in Marketing Communications Law Large and small alcohol brands are pursuing a similar marketing strategy of emphasizing brand history or craftsmanship in an attempt to appeal to consumers' increasing desire for authenticity, and are taking steps to "modernize" this highly Continue Reading