6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
Data Security Legislation Is on the Rise — Marketers and Their Agencies Must Be Vigilant About Their Controls
6th Edition: Trends in Marketing Communications Law 2018 saw a surge of state data security legislation, including by Alabama, Arizona, California, Colorado, Iowa, Louisiana, Nebraska, Ohio, Oregon, South Carolina, South Dakota, Vermont and Virginia. These laws are intended to enhance and Continue Reading
The Role of Artificial Intelligence
6th Edition: Trends in Marketing Communications Law The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential Continue Reading
Legal Risks Abound as the World Cup Kicks Into Gear
The Bottom Line Although Russia's World Cup Law is not enforceable in the United States — and we cannot advise on marketing activities conducted in Russia — FIFA has made clear that it views ambush marketing in whatever form as unlawful and infringing on its intellectual property rights. Continue Reading
As Augmented Reality Engagement Increases, Novel Legal Issues Arise
5th Edition: Trends in Marketing Communications Law While both technologies still show great potential, the pace of evolution and rate of adoption of virtual reality (VR) and augmented reality (AR) began to diverge in 2017. VR continued to experience some initial legal growing pains last year, Continue Reading
German Challenge Further Thaws Olympics “Rule 40” Advertising Restrictions
5th Edition: Trends in Marketing Communications Law The International Olympic Committee’s (IOC’s) "Rule 40" has long restricted athletes from appearing in advertising for companies that are not official sponsors of the Olympics. The restricted blackout period extends from nine days prior to the Continue Reading
Native Advertising: Here to Stay, and So Are Regulators
5th Edition: Trends in Marketing Communications Law The native advertising trend is showing no signs of slowing down. With regulators paying increased attention to adequate disclosures of paid relationships in digital, mobile and social media, marketers, publishers and their agencies should not Continue Reading
The NAD Takes on Health and Fitness Fads (and a Few Kardashians in the Process)
5th Edition: Trends in Marketing Communications Law Every year brings with it a new set of health and fitness fads, and a new set of opportunistic marketers seeking to take advantage of consumers’ never-ending desire to look and feel their best. Never one to blindly follow trends, the Advertising Continue Reading
Privacy, Transparency and Quality Issues Drive Changes in Digital Marketing
5th Edition: Trends in Marketing Communications Law Throughout 2018, publishers, marketers and agencies will continue to employ new technologies, products and services to address evolving consumer privacy, advertiser transparency and brand safety issues. Among the new consumer privacy Continue Reading
FDA Withdraws Anti-Aging Import Alert and Continues Oversight Over Cosmetics Claims
5th Edition: Trends in Marketing Communications Law In late 2017, the U.S. Food and Drug Administration (FDA) officially withdrew Import Alert 66-38, "Skin Care Products Labeled as Anti-Aging Creams" (IA 66-38), potentially opening the doors for cosmetics manufacturers and marketers to make Continue Reading