The Bottom Line The federal prohibitions on marijuana and ingestible CBD make for a complicated compliance environment for media companies, advertisers, agencies and ad tech companies.Twitter’s decision to accept advertising in the space represents a massive sea change for the industry’s online Continue Reading
Top 10 Advertising and Marketing Issues for 2023
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
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure Continue Reading
New York City Bar Association | Marketing and Advertising Law: Social and Digital Media after a Year of Transformation
Paavana L. Kumar, Davis+Gilbert Advertising + Marketing associate, will speak during a session entitled “Hot Topics in Influencer Marketing”, at the New York State City Bar Association’s Marketing and Advertising Law webcast held on May 25. Session Overview In this program, experts in the Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line The Federal Trade Commission (FTC) is seeking public comment on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC proposed a number of revisions. Some of these revisions are simply Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
2023 Update Excited for the 95th Academy Awards? We are too! The Academy released updated brand guidelines with the same rules and restrictions as last year, except that brands are also permitted to use #Oscars95 in their social rollouts. Once again, brands do not need to be affiliated with or Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line The FTC continues to explore its myriad of enforcement options, most recently by using its Penalty Offense Authority under Section 5 of the Federal Trade Commission Act (FTC Act) to put more than 700 companies on notice that they could incur significant civil penalties (up to Continue Reading
Westlaw | SAG-AFTRA Welcomes the Influencer
After spending a decade carving out space in the industry, influencers are now being welcomed into the SAG-AFTRA union, which is recognizing them as a unique class of “multi-talented performers whose performances should be covered by a SAG-AFTRA contract.” Social media content creators, commonly Continue Reading