Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
Extra, Extra, Read All About It!
We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more
1/31/2024
/ Advertising ,
Breach of Contract ,
Breach of Duty ,
CARS Rule ,
Christian Louboutin ,
Compliance ,
COPPA ,
Educational Institutions ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Logos ,
Nonprofits ,
Rulemaking Process ,
TCPA ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Some of my favorite requests come from brands that want to dive into a cultural moment and stop to ask their lawyers for advice. The week leading up to the “Barbie” premiere was so much fun (and check out Sarah’s “Barbie”...more
On today’s episode of AD Nauseam, Amy, Daniel, and Carolina talk about the latest on COPPA – including the new proposed rule and recent enforcement actions.
Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com,...more
On today’s episode of AD Nauseam, Amy and Daniel talk about how the revised Testimonial and Endorsement Guides are raising some new issues that marketers and agencies need to consider, some of which reflect a shift in common...more
Back in June, we mentioned how politicians were hopping on the Joe Biden bandwagon when it came to a pre-2016 political throwback issue: junk fees.
Biden highlighted it in his State of The Union address in February, and...more
On today’s episode of AD Nauseam, Amy and Daniel talk about what to expect in 2024 – from the FTC and from NAD.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
On today’s episode of AD Nauseam, Amy and Daniel talk the issue of post-holiday weight loss claims and how these claims have been addressed by the FTC and NAD.
Questions & Comments: amudge@bakerlaw.com and...more
Guess Who Members Can’t Share the Band -
Ancient rockers hurl lawsuit at former bros, but will it stick?
When Friends Fall Out -
Baroque internecine conflicts and acrimonious legal battles are nothing new in the...more
When the FTC announced it was doing a workshop focused on children’s digital marketing that would be followed by a Staff Report, I was as giddy as a kid on Halloween. But now I feel like I got more tricked than treated,...more
CSPI Urges Food Retailers, Congress to Make SNAP Decisions -
Marketing is as important as availability, food study finds -
Keep Your Government Hands off Our Food Stamps!
SNAP—or the Supplemental Nutrition Assistance...more
11/10/2023
/ Comment Period ,
Data Collection ,
False Advertising ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Information Reports ,
Personal Data ,
Promotional Items ,
Proposed Rules ,
Public Assistance ,
Public Health ,
Pyramid Schemes ,
Retailers ,
SNAP Program ,
Telemarketing ,
Telemarketing Sales Rule
On today’s episode of AD Nauseam, Amy, Daniel, and Jack talk about issues surrounding what are now being called junk fees, including the FTC rulemaking on the subject as well as activity all around the country.
Questions &...more
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices.
Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com
...more
Ex-Reality Star Sues To Protect His Likeness Against AI -
‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs -
New Contender -
Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
10/6/2023
/ Advertising ,
Anti-SLAPP ,
Artificial Intelligence ,
Brand ,
Celebrities ,
Charitable Organizations ,
Compliance ,
Consumer Product Companies ,
Dietary Supplements ,
Dilution ,
Fashion Branding ,
Fashion Design ,
FCC ,
Federal Trade Commission (FTC) ,
Holidays ,
Jury Trial ,
Levi Strauss ,
Marketing ,
Name and Likeness ,
Product Labels ,
Right of Publicity ,
Scams ,
Telecommunications ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Wellness Programs
On today’s episode of AD Nauseam, Amy, Daniel and Linda will cover an issue that has been quite a hot topic of late – the marketing of subscription services and negative options.
Questions & Comments: amudge@bakerlaw.com;...more
Room Rental Site Sued Over Chimerical Reviews and Listings -
FTC keeps promise to ramp up negative attention on false positives -
Ghosted -
Remember the first time you hunted for your own apartment? The anguish of...more
9/26/2023
/ Advertising ,
Artificial Intelligence ,
Burger King ,
Class Action ,
Copyright ,
Derivative Works ,
Direct Infringement ,
Discount Pricing ,
Endorsements ,
Entertainment Industry ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
NAD ,
Online Reviews ,
Photographs
On today’s episode of AD Nauseam, Amy and Daniel have a very special episode - - focused on Getting Back to School – with a look at how the FTC and NAD have addressed issues related to kids and learning, a look at some...more
“Blessing Loom” Scheme Unravels in FTC Settlement -
Esoteric trappings can’t save pyramid-scheme-by-another-name -
Neolawgism -
By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
8/25/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
COPPA ,
Copyright ,
Copyright Infringement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
MLM ,
MLM Industry ,
Parental Consent ,
Personal Information ,
Photographs ,
Product Labels ,
Pyramid Schemes ,
Robocalling ,
Trademark Application ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Verification Requirements
On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more
8/16/2023
/ Comment Period ,
Compliance ,
Cosmetics ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Personal Care Products ,
Product Packaging ,
Registration Requirement ,
Safety Standards
CSPI: Performance Enhancer Supplements Aren’t What They Seem -
Manufacturers need to start by including the advertised ingredients -
Double-Dog Dare You -
Would you eat something called Rauvolfia vomitoria? No? Of...more
8/11/2023
/ Advertising ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Greenwashing ,
Health Claims ,
Made in the USA ,
Marketing ,
Procter & Gamble ,
Product Labels ,
Recycling ,
Starbucks ,
Tagline
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
7/28/2023
/ Artificial Intelligence ,
Authors ,
Authorship ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
DMCA ,
E-Commerce ,
Fair Use ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Mobile Devices ,
Musical Sound Recordings ,
Personal Information ,
Scams ,
Smartphones
Every year when the calendar metaphorically flips from May 31 to June 1, we get that extra pep in our step. Summer is just around the corner, pride flags are flying, iced coffee is flowing – and this year, Kylie Minogue is...more
Anti-Junk-Fee Bandwagon Is Getting Crowded -
Following a presidential call, Congress and the Golden State are looking to tame hidden charges -
Return to Mayberry -
We mentioned President Biden’s attack on junk...more
FTC Lays Out Some AI Ad Essentials -
But specific guidance isn’t here yet, so...let’s be careful out there....more
5/24/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
Class Certification ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Google ,
Holidays ,
Marketing ,
Misleading Statements ,
Nutrition Facts Labels ,
Public Meetings ,
Puffery ,
Snapchat