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FTC to Brands: We Will Not Tolerate Fake Reviews and Other Misleading Endorsements - Monetary Penalties Are Coming

The FTC announced that it had sent more than 700 Notice of Penalty Offense letters to major advertisers, leading retailers, large consumer product companies and major ad agencies to put everyone on notice that fake consumer...more

The Future of Ad Law: A Wrap Up from the 2021 NAD Conference

At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon....more

#HonestAds : A Wrap Up from the 2018 NAD Conference

We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more

“Fastest Growing Brand” – Don’t Mix and Match Ad Claim and Substantiation

We blogged last week about a recent National Advertising Division case involving a Kimberly-Clark ad campaign that illustrated the well-known NAD maxim: “an advertiser is responsible for all reasonable interpretations of its...more

Choosing Your Words Carefully in Advertising: NAD Recommends Advertiser Discontinue Use of the Word “Choosing”

Almost every NAD case begins with the maxim: It is well-established that an advertiser is responsible for all reasonable interpretations of its claims, not simply the messages it intended to convey. It follows that...more

#MarketingLaw – Fake News, Auto-Renewal Subscription Plans, Influencers and the Latest from the FTC

We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more

Advertising Your Glowing Online Reviews – How To Substantiate Ad Claims Based on Consumer Reviews

We’ve blogged a few times about consumers’ rights to post negative reviews online, and what businesses should know about the Consumer Review Fairness Act (the “CRFA”), but what happens if you are lucky enough to receive so...more

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