The Bottom Line The terms of the LOA are set to become effective on January 1, 2020. This deadline gives the signatories, advertisers and non-union agencies limited time to assess how the LOA’s new restrictions will impact their respective roles in the production process, and chart their best Continue Reading
Google and YouTube to Pay $170 Million in Largest Ever COPPA Settlement
The Bottom Line The settlement reached by the FTC and the New York State Attorney General with Google and YouTube imposes significant costs on the companies, even beyond the record-breaking $170 million civil penalty. It is a signal to advertisers, content providers, app developers and website Continue Reading
FTC to Review the Children’s Online Privacy Protection Act
The Bottom Line The FTC’s latest COPPA review will not only impact online services that traditionally have been directed to children, but may extend to services that historically have not been considered child-directed, such as interactive television, interactive gaming and chatbots. The COPPA Continue Reading
FDA Public Hearing on the Use of Cannabis and Cannabis-Derived Compounds in Food and Dietary Supplements
The Bottom Line The FDA is in uncharted territory and has requested additional safety data to assess whether CBD and other cannabis-derived compounds can be safely added to food and dietary supplements.The industry believes that CBD has the potential for significant health benefits, but is open Continue Reading
Two Websites Settle FTC Allegations That They Failed to Secure Consumer Data
The Bottom Line The security of consumer data is an important priority for the FTC and has become even more important in recent years, particularly when such data is subject to attacks by malicious third parties. The FTC emphasized that both settlements contained “new requirements” going beyond Continue Reading
FTC and FDA Target Advertising of CBD Health Claims
The Bottom Line The legalization of hemp is a major step in establishing a potentially significant new industry. However, producers and marketers need to exercise caution when making health-related claims in connection with hemp-based product. The FTC and FDA will continue to aggressively review Continue Reading
FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices
The Bottom Line The FTC continues to take action where it finds that marketers are engaging in misleading incentivized product review practices or enrolling customers in deceptive “free trial” negative option plans without providing the appropriate disclosures and obtaining the consumer’s Continue Reading
CCPA Update: Blizzard of Bills to Amend Privacy Law Moves Forward in California Assembly
The Bottom Line The marketing industry has been pleading for amendments to the CCPA and some helpful amendments have now been advanced. Should these amendments become law, they could offer some relief to the industry.Regardless, the industry is still awaiting the California Attorney General to Continue Reading
FTC Plans Workshop on ‘Loot Boxes’
The Bottom Line A strong push has come forth from the likes of Senator Hassan, other legislators, the FTC and consumer lawsuits regarding consumer protection issues related to “loot boxes” in video games. This year may see efforts at regulating loot boxes move forward to the extent they have not Continue Reading
Video Social Networking App Agrees to Pay $5.7 Million to Settle FTC’s COPPA Action
The Bottom Line The sheer size of the Musical.ly settlement illustrates that the FTC continues to have a strong interest in enforcing COPPA. Online services cannot hide behind language in their terms and conditions claiming not to be child-directed when they include numerous activities that Continue Reading