On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
On today’s episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025....more
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
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
9/13/2024
/ Cameras ,
Consent Order ,
Data Security ,
Email ,
Email Campaigns ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hackers ,
Marketing ,
Security Cameras ,
Settlement ,
Surveillance ,
Video Recordings
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
9/4/2024
/ Advertising ,
CAN-SPAM Act ,
Compliance ,
Data Privacy ,
Data Security ,
Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
Employment Policies ,
Enforcement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Penalties ,
Privacy Policy ,
Scams ,
Settlement
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
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
8/16/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Consumer Protection Laws ,
Disclaimers ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Regulatory Violations ,
Testimonial Statements
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
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
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
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
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
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
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
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
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
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
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
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more
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
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 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