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[Podcast] AD Nauseam: Email Marketing and the FTC: CAN-SPAM No Longer Canned

On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more

We Talkin’ About Security. Or Are We? Another Look at the FTC’s Recent Settlement with Security Firm Verkada

As we wrote about last week, the Federal Trade Commission (FTC) recently announced that it had entered a proposed settlement with video equipment surveillance company Verkada over the company’s alleged security failures....more

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

[Podcast] AD Nauseam: We Give This Podcast 5 Stars – A Closer Look at the FTC Rule on Consumer Reviews and Testimonials

On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more

[Podcast] AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more

When Can the FTC Get $50,000 for a Consumer Review Snafu? Key Things to Know about the Rule on the Use of Consumer Reviews and...

The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is...more

[Podcast] AD Nauseam: The AD Legend Series – Featuring Mary Engle

On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more

The Great British Infant Formula? Or Does the Made in USA Standard Apply to European Imports?

We are hot off of the green grass and preppiness that is Wimbledon. We are all burning for Paris right now with the Olympics. And who doesn’t dream of August in Croatia or Greece? European Vacation – yes, please....more

[Podcast] AD Nauseam: Product Demonstrations: Does It Really Work That Way?

On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more

[Podcast] AD Nauseam: Movie Pass – I Am Big. It’s the Pictures that Got Small.

On today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more

Happy Pride Month - Representation in Media and Advertising Matters

Pride Month has arrived. Flags are unfurled, pride parades are happening everywhere (well, sadly, not everywhere), and pride merch has arrived in stores near you and online. It’s always a month of ups and downs. ...more

6/7/2024  /  Advertising , LGBTQ , Marketing

[Podcast] They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more

A Star Is Born

It seems like there is a nonstop stream of interesting developments these days with respect to advertising and marketing law, but only once in our careers has a colleague been in a movie, so we wanted to take a break from...more

Matching Your Demo to Your Real-Life Testing Proves to Be a Rough Workout at NAD

Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing...more

5/23/2024  /  Advertising , Disclaimers , Influencers , NAD , TikTok

To NAD or Not to NAD: How Being a Challenger in a Self-Regulatory Dispute May Land You in Federal Court

We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more

[Podcast] AD Nauseam: Native New Yorkers and Native Advertising

On today’s episode of AD Nauseam, Amy and Daniel talk about how the FTC has approached native advertising and what you need to know....more

AD Nauseam: A Different Type of Imposter Syndrome [Audio]

On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more

Can Your Trademark Be False Advertising?

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more

When #Ad Just Won’t Cut It

Some may be shocked that an advertising law blog is writing about the Bare Beauty Babes blog and Naked & Thriving, but it is not the implied nudity that should raise an eyebrow. Instead, it is the fairly scandalous takeaway...more

AD Nauseam: AI – We Had to Discuss it Eventually – Part 2 [Audio]

On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Sarah talk about AI and why it’s such a broad pressing concern. Questions & Comments: amudge@bakerlaw.com; dkaufman@bakerlaw.com ;...more

C&D or Straight to NAD? Some Thoughts on How to Weigh the Decision

There are folks who track NAD stats with the same passion as following a beloved sports team. I am not one of those people. That said, I have noticed there seem to be an awful lot of cases of late where the advertiser...more

NAD Drills Down on Made in USA Claims

A new NAD decision clarifies the line between qualified and unqualified Made in USA claims. The domestic origins insights are largely wrenched from power tool cases, as is this action involving Stihl. ...more

AD Nauseam: AI – We Had to Discuss it Eventually [Audio]

On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Nichole talk about AI and why it’s such a broad pressing concern. Questions & Comments: amudge@bakerlaw.com;...more

Drink It In: NAD Showers Us with Another ‘Best’ Claim Case

When it rains, it pours! We just wrote about the National Advertising Division’s (NAD) beef jerky case finding that most claims of “clearly better” were boastful puffs and not comparative claims. But before we fully digested...more

AD Nauseam: NAD and Why Can’t We Be Friends [Audio]

On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the National Advertising Division and talk about strategies to consider when your competitor is engaging in false advertising. Questions & Comments:...more

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