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Crypto Anti-Touting Lawsuits: Celebrity Settlements with SEC Following Alleged Failures to Disclose Payment for Promotion of...

On August 4, 2023, celebrity singer Austin Mahone entered into a settlement agreement with the US Securities and Exchange Commission (SEC) after being sued in the US District Court for the Southern District of New York (SDNY)...more

The Generative AI Revolution: Key Legal Considerations for the Fashion & Retail Industry

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more

Green and Bear it: Class Action Alleges "Greenwashing" By Fast Fashion Company

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more

The Metaverse: Alcohol Beverage Industry’s Next Marketing Frontier?

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol...more

From Farm to Runway – The Rise of Regenerative Farming in Fashion

Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion...more

Top 5 Things To Watch When Evaluating Carbon Offset Purchase Agreements

Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace. Many of these advertising claims are based on the purchase of carbon offsets, an...more

Advertising on Social Media: Key Considerations for Alcohol Brands

With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform. As most Americans were stuck at home during...more

How Unclear Giveaway Marketing Can Muddy a Brand’s Reputation

During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently...more

TTB Issues Final Rule Modernizing Labeling and Advertising Regulations for Alcoholic Beverages

The Alcohol and Tobacco Tax and Trade Bureau of the US Treasury Department published a final rule on April 2, 2020, modernizing labeling and advertising regulations for alcoholic beverages. The rule is intended to give more...more

NAD Announces New Fast Track Challenge Process

The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more

Why Comparative Safety Claims Can be Dangerous for Brands

Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof. ...more

FTC Investigates Financial Products Review Site

As comparison sites become more popular, the fine print becomes increasingly important for both consumers and companies. As one recent US Federal Trade Commission (FTC) settlement reminds us, companies that want to boast...more

FTC Looks to the Public for Changes to the Endorsement Guides

The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in...more

Wireless Providers Dispute Legitimacy of ‘5G Evolution’ Network

The NAD case between AT&T and T-Mobile is just the latest development in the ongoing battle over 5G, the next generation of technology for wireless networks. All of the wireless providers are racing to upgrade their existing...more

Don’t Do it: Judge Ends Nike Ad Campaign Over Trademark Dispute

This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more

FTC Sharpens Focus on Textile Rules for Manufacturers

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules....more

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