The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line The New York Automatic Renewal Law (ARL) has arrived, and it covers B2C subscription contracts.Marketers offering New York consumers goods or services on a subscription or automatic renewal basis should review their negative option/auto-renewal program practices to ensure Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading
#Goals: Using Social Media without Getting Sued
7th Edition: Trends in Marketing Communications Law In the rapidly changing social media landscape, new ways to create, share and use content are continually emerging, and this has left marketers scrambling to ensure that their legal compliance efforts keep pace with the changes. In social media, Continue Reading
Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World
7th Edition: Trends in Marketing Communications Law In a marketing landscape dominated by social and digital platforms, the lines between advertising and content — and reality and virtual reality — are becoming more and more blurred. When influencers (formerly known as “bloggers”) and online Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line Marketers who use “Made in the USA” claims on any labels or marketing materials should review those claims in light of the proposed new standards, and be sure to watch for any new developments from the FTC.The FTC is accepting public comments on the Proposed Rule until August 21, Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Marketers need to tread lightly when showing advertisements of people going back to their daily lives, even if the advertisements show social distancing, as these ads may not reflect the reality for everyone in this country.If marketers do show people going back to their daily Continue Reading
The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures
The Bottom Line Marketers and influencers should take the Teami action, and the FTC’s warning letters, to heart. At a time when the FTC is reviewing its guidance on social media endorsements, the FTC will likely continue to monitor marketers and influencers to combat false and misleading influencer Continue Reading
Telemarketing Lawsuits Fueled by Regulatory Uncertainty
6th Edition: Trends in Marketing Communications Law Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). With statutory damages of up to $1,500 for a single unauthorized text message, consumers Continue Reading