Brands are increasingly partnering with influencers who have millions of followers, and the “creator economy” could surpass advertising spending on traditional formats such as TV, audio, print and film. However, as influencer marketing becomes a vital part of the advertising industry, a new wave of Continue Reading
The Hidden Cost of Tariffs: What To Consider When Passing Them Through to Consumers
Update as of 4/9/2025 President Trump’s 90-day pause on tariffs for over 75 countries offers temporary relief, but with tariffs on Chinese goods rising to 125%, and a tariff of 25% on imported automobiles remaining in place, many brands still face significant cost pressures. The Bottom Continue Reading
TikTok is Back! But for How Long? President’s Actions Raise Even More Questions
The Bottom Line Following the U.S. Supreme Court’s decision in TikTok v. Garland on January 17th to uphold the Protecting Americans from Foreign Adversary Controlled Applications Act, TikTok went dark late on January 18th, with an appeal to President-elect Trump to do something – Continue Reading
California’s New Laws Will Change the Way Marketers Engage Child Influencers
The Bottom Line On September 26, 2024, California Governor Gavin Newson signed two pieces of legislation, Assembly Bill 1880 and Senate Bill 764, providing significant protections to children who perform or are otherwise featured in online content. With the rapid rise of child influencers, Continue Reading
Elon Musk, a Sweepstakes and Law Enforcement: Why Marketers Should Care
The Bottom Line A sweepstakes by Elon Musk’s Political Action Committee, America PAC – which on October 19 announced and began offering a daily prize of $1,000,000, through Election Day, to one U.S. citizen who is registered to vote in a swing state and who signs America PAC’s petition Continue Reading
National Advertising Division’s (NAD) 2024 Annual Conference | Charting the Global Future of Ad Law
Quick Details Davis+Gilbert is a proud sponsor of the 2024 National Advertising Division's (NAD) Annual Conference to be held in New York, NY on September 16 - 17. The Conference will gather advertising and legal professionals, academic and industry experts, government officials and Continue Reading
New Laws Protecting Child Influencers: What Marketers and Influencers Need To Know
The Bottom Line With the start of a new school year, parents and children across the country are purchasing new clothes and school supplies, while marketers and agencies are working hard to develop new “back to school” campaigns to ensure their brands are top of mind for shoppers. Continue Reading
Not Careful Enough: FTC Settles $8.5 Million Action Against Care.com for Deceptive Marketing Claims and Subscription Traps
The Bottom Line The Federal Trade Commission (FTC) has taken action against Care.com (Care), an online caregiving platform for job posters and job seekers, alleging that the platform used inflated job numbers and unsubstantiated earnings claims to “lure” caregivers onto its platform and that Continue Reading
California to Require Registration for Cause Marketing Campaigns
The Bottom Line New state regulations will dramatically overhaul the way retailers and advertisers must approach cause marketing activities in California starting June 12, 2024. Previously, California did not require registration for such activities, but under the new regulations, businesses Continue Reading
Practising Law Institute (PLI) | One-Hour Briefing | Advertising Law 101
Quick Details Session Overview In this wide-ranging overview session, Paavana Kumar (Partner, Advertising + Marketing) and Louis DiLorenzo (Partner, Advertising + Marketing) will discuss a broad group of legal issues surrounding the creation and publication of advertising. The session will Continue Reading