The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
The Bottom Line Environmental claims, in general, are risky and may lead to challenges – companies must plan accordingly.Promises should not be illusory, and companies that aim to meet environmental goals should have an actionable plan in place.Companies should evaluate success toward meeting Continue Reading
FTC Staff Report Brings Dark Patterns to Light
The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The SEC has issued repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers who fail to disclose the nature, scope and amount of compensation received in exchange for their sponsored posts.This case serves as a reminder that Continue Reading
New Age Targeting Requirements for Beer Advertising
The Bottom Line The Beer Institute and Brewers Association increased the advertisement targeting requirements for beer ads to 73.6% from 71.6%.In response, the beer industry – and publishers, media companies, media buying agencies and influencers – will need to retool their ad targeting and Continue Reading
California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know
The Bottom Line Starting July 1, California’s amended automatic renewal law will become effective.The amended law includes additional notice and cancellation requirements for both free trials and automatically renewing plans, as well as an emphasis on affording consumers an “immediate” means of Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure they are Continue Reading
FTC to “Crack Down” on Ed Tech’s Use of Children’s Data
The Bottom Line The FTC is fully committed to cracking down on companies that illegally surveil children learning online.Companies should follow best practices to avoid fines that could reach millions for violating children’s privacy. The Federal Trade Commission (FTC) unanimously approved a Continue Reading
How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers
The Bottom Line The 2022 Commercials Contract increases session, usage, and pension & health fees, but by the lowest incremental amount in over a decade. Fee caps, a simplified compensation structure and unlimited editing rights balance out these increases by offering savings in other areas Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line FTC guidance continues to evolve as new forms of marketing gain popularity. Companies should do all they can to align their endorsement practices with the FTC’s proposed guidance — including with regard to social media, influencers and consumer reviews. Interested Continue Reading