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The 15th Commission Meeting Brings Us Back to the 1970s with More Rulemaking

​​​​​​​If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy...more

Brought to You by the FTC: Event on Digital Marketing and Blurred Advertising to Kids

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. Here is a rough transcript; and if you have a spare five hours, you can watch the videos, which will soon be posted on the...more

AD-ttorneys@law - September 2022 #2

IDAC to Ed Tech: Get Your Act Together - Post-COVID-19 learning app boom puts kids at risk, watchdogs say - An Embarrassment of Horrors - As if school-age children didn’t have enough to worry about. From the...more

The 14th Public Commission Meeting - Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

​​​​​​​After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Candidly, we were a bit surprised to see the return of these...more

AD-ttorneys@law - September 2022

CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

The Matrix of Guardrails for the Metaverse Grows (Plus Weekend Movie Viewing Recommendations)

​​​​​​​We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking...more

TINA Issues Warning Letters to Celeb NFT Endorsers

​​​​​​​From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more

AD-ttorneys@law - August 2022 #2

FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

Straight Talk from NAD: Recent Case Outlines when Comparative Claims Must Be Qualified 

​​​​​​​Sometimes advertising lawyers can be real drama royals. But I do think the latest in the teeth-straightening wars at NAD (link to SmileDirect press release below) deserves some attention. I am not yet sure if this...more

8/12/2022  /  Advertising , Marketing , NAD

NAD Cleans Up ‘Doctor Recommended’ Claim for Baby Wipes

​​​​​​​It is too early to tell if we have a baby wipes war developing to compete with the diapers wars, but we certainly have had lots of activity this year involving the disposable cleanup cloths. An earlier action focused...more

AD-ttorneys@law - August 2022

Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

AD-ttorneys@law - July 2022

TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

Dot Com Guideline Revisions Will Focus on Hyperlinks, Dark Patterns, the Metaverse and More

It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more

AD-ttorneys@law - June 2022 #2

No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

The 13th Public Commission Meeting - an AI Study About Online Scams and, Yes, Another Policy Statement

We spend many of our working hours – and far too many of our nonworking hours - talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish...more

AD-ttorneys@law - June 2022

Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more

Pride Month and the Onslaught of Rainbow Corporate Logos

Many of us have become accustomed to the fact that every June, with the calendar signaling LGBTQ+ pride month, we get the inevitable onslaught of corporate logos incorporating the colors of the rainbow flag. And at the end of...more

6/3/2022  /  LGBTQ , Logos

May 2022 Public Commission Meeting - Meet Commissioner Bedoya, Plus Blasts from the Past, Endorsements and an FTC Legend

In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including...more

Testimonial Guides Update - The Things That Make Us Go Hmm

As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

AD-ttorneys@law - May 2022

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

AD-ttorneys@law - April 2022 #2

We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more

The 11th Public Commission Meeting - Talking About Telemarketing, AMG and, Yes, Dream Incubation

We made it to the 11th public commission meeting. Now, one person who didn’t make it to the meeting today (or at least did not appear on the main screen) was Alvaro Bedoya. We had heard that his confirmation vote to become...more

What’s in a Label - Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more

AD-ttorneys@law - April 2022

Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

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