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
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
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
Evergreen Focus on Green Marketing at the National Advertising Division
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
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
American Bar Association Webinar | You’ve Come a Long Way, Baby! NAD at 50 and a Look Back at Advertising Self-Regulation
On January 27, Davis+Gilbert chairman Ron Urbach will speak during a roundtable panel titled, “You’ve Come a Long Way, Baby! NAD at 50 and a Look Back at Advertising Self-Regulation” hosted by the American Bar Association. Session Overview This session will discuss key topics such Continue Reading
The NAD’s Need for Speed
7th Edition: Trends in Marketing Communications Law The National Advertising Division (NAD) has become increasingly focused on the issue of speed, both in the context of advertising challenges regarding 5G technology and updates to the NAD’s procedures. Claims Regarding 5G Continue Reading
A Must “Follow”: Stricter Groundwork for Influencer Marketing
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
The NAD Exposes Hidden Fees
6th Edition: Trends in Marketing Communications Law As a regulatory force in its own right, the National Advertising Division (NAD) makes waves whenever it brings a challenge on its own behalf against a major advertiser. And, with recent leadership changes for the Advertising Self-Regulatory Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product 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