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
Talent Contracts in the Wake of #MeToo and #TimesUp
5th Edition: Trends in Marketing Communications Law No story rocked the entertainment industry in 2017 more than the stunning allegations of sexual assault against previously-powerful men. While the long-term ramifications of the #MeToo and #TimesUp movements are still playing out in Hollywood Continue Reading
Photo Retouching: Changing Expectations for Fashion and Beauty Advertising
5th Edition: Trends in Marketing Communications Law From smoothing skin to whittling waists, the practice of retouching beauty and fashion photographs has come under increased scrutiny, and 2017 was no exception. With female equality and empowerment at the forefront of the national conversation, Continue Reading
Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement
5th Edition: Trends in Marketing Communications Law For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit (California and surrounding states) to advise clients that they may safely place on their websites unlicensed Continue Reading
Developments in Connected Technology Create New COPPA Challenges
5th Edition: Trends in Marketing Communications Law After a resoundingly quiet 2017, the Federal Trade Commission (FTC) started 2018 with a bang, announcing two back-to-back settlements with companies alleged to have violated the Children’s Online Privacy Protection Act (COPPA). The FTC’s Continue Reading
Blockchain Technology Poised to Disrupt Digital Advertising
5th Edition: Trends in Marketing Communications Law Blockchain technology, the basis of cryptocurrencies such as Bitcoin, took off in 2017 across a wide array of industries, and is poised to make significant strides in digital advertising in 2018. The inherent benefits of blockchain — security, Continue Reading