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Advertising + Marketing Alert

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023 by Rachel Chun

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

Alert, Are Your Influencers Putting You at Risk?, Balancing Compliance and Creativity in Regulated Industries, Buy Now: Avoiding the Pitfalls of Online Retailing, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs, Getting in the Game of College Athletics, Media and Marketing - January 24, 2023

Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions

November 30, 2022 by Catherine Nagle

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

Alert, Balancing Compliance and Creativity in Regulated Industries, The Fine Print: Stay in Compliance without Losing Your Edge - November 30, 2022

FTC Staff Report Brings Dark Patterns to Light

October 12, 2022 by Catherine Nagle

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - October 12, 2022

SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

October 11, 2022 by Catherine Nagle

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

Alert, Are Your Influencers Putting You at Risk?, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs, The Fine Print: Stay in Compliance without Losing Your Edge - October 11, 2022

New Age Targeting Requirements for Beer Advertising

August 17, 2022 by Patrick Quinn

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

Alert, Balancing Compliance and Creativity in Regulated Industries - August 17, 2022

California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know

June 28, 2022 by Catherine Nagle

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - June 28, 2022

FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception

June 15, 2022 by Patrick Quinn

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

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, The Fine Print: Stay in Compliance without Losing Your Edge - June 15, 2022

FTC to “Crack Down” on Ed Tech’s Use of Children’s Data

June 13, 2022 by Patrick Quinn

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

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, The Fine Print: Stay in Compliance without Losing Your Edge - June 13, 2022

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

June 8, 2022 by Patrick Quinn

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

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - June 8, 2022

FTC Seeks Public Comment on Proposed Updates to Endorsement Guides

May 20, 2022 by Catherine Nagle

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

Alert, Are Your Influencers Putting You at Risk?, The Fine Print: Stay in Compliance without Losing Your Edge - May 20, 2022

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