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
Are Your Aspirations Attainable? New York Attorney General Challenges “Net Zero” Claims
The Bottom Line 63% of Americans are influenced by a corporation’s environmental reputation when making purchasing decisions – and 48% of Americans “have either chosen one product over another or stopped purchasing a product based on the environmental record” of the product’s Continue Reading
FTC Settles with Subscription-Based Business for Alleged Discriminatory & Deceptive Practices
The Bottom Line Online cash advance provider FloatMe Corp. will pay $3 million as part of a settlement with the Federal Trade Commission (FTC) for allegations of unfair and deceptive tactics against customers. The settlement, announced January 22 by the FTC, came after the Continue Reading
2024 Top 10 Advertising + Marketing Trends: Balancing Risks & Rewards
The marketing and advertising landscape in 2024 presents a complex tapestry of evolving regulations, groundbreaking technological advancements and shifting consumer behaviors. These changes are not just trends: they are signals of a fundamental transformation in the way brands connect with their Continue Reading
Whose Ad is it Anyway? NAD Finds “Sponsored” Insufficient Disclosure of Material Connection in Social Posts
The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
CARU’s New Metaverse Guidelines: Safeguarding Children in the Digital Frontier
The Bottom Line The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, recently announced guidelines for child-directed advertising and privacy in the metaverse (the Metaverse Guardrails). Although the metaverse creates innovative, educational and entertaining Continue Reading
Insights from the 2023 NAD Conference: ESG, Dark Patterns, AI & More
The Bottom Line The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims, dark patterns, consumer review practices, artificial intelligence (AI) and much more. As Continue Reading
FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme
The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading
Exposing the Truth Behind Deepfakes in Political Ads
The Bottom Line Generative AI tools have made it easier and cheaper for political groups and campaigns to create convincing but fictitious attack ads targeting political rivals.There are an array of proposed tactics that would require political advertisers to clearly and conspicuously disclose Continue Reading
Talking Trash: Takeaways from FTC Workshop on Recyclable Claims
The Bottom Line The FTC is continuing its review of the Green Guides and companies should stay tuned for further updates.The FTC is accepting public comments on "recyclable" claims through June 13, 2023. The FTC is in the process of reviewing – and potentially revising – its Guides for the Continue Reading