The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
The Bottom Line All marketers should examine their current practices to ensure that they can comply with updated laws and guidance. We will continue to monitor compliance and enforcement trends throughout 2022. 2022 has the potential to be a major year for the advertising and Continue Reading
Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions
The Bottom Line Cryptocurrency companies are subject to various federal laws and may be regulated by a number of federal agencies, including the Securities and Exchange Commission. Though the cryptocurrency market has matured in recent years, there are still plenty of risks, and agencies, media Continue Reading
FTC Sends Notices to Businesses Promoting Money-Making Opportunities
The Bottom Line The FTC has issued three rounds of Notices of Penalty Offenses this month – a sharp shift for an enforcement power that was largely abandoned in the 1980’s.As the FTC continues to explore its enforcement options in the wake of the Supreme Court’s decision in AMG Capital Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line Assembly Bill 45 in California now permits food and dietary supplement products to include CBD.The differing approaches by the California and federal governments highlights the complicated regulatory environment for ingestible CBD products.Brands, agencies and media companies Continue Reading
CARU Releases Revised Children’s Advertising Guidelines
The Bottom Line CARU’s Revised Guidelines represent much needed guidance in response to the modern realities of children’s advertising, including with respect to online platforms, apps, influencer marketing and social media.Marketers should ensure that they understand these changes — particularly Continue Reading
FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines
The Bottom Line Even if part of an online service is directed to children, providers must comply with COPPA by sending notice and obtaining parental/guardian consent before collecting any personal information from children under 13 years of age.Operators of apps and online services that are Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The cannabis industry has been hoping for action on the federal level to resolve the significant divide between state and federal law.While the proposed Cannabis Administration and Opportunity Act would resolve the conflict favorably for the industry and legalize recreational Continue Reading
“Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements
The Bottom Line Lawmakers have been discussing updates to COPPA for years, and the proposed CTOPPA may finally accomplish that goal. The bill raises the age for consent from 13 to 15, changes COPPA’s knowledge standard, and bans targeted advertising to children.If the bill becomes law, marketers Continue Reading