A putative class action alleging that Kona Brewing Co. tricked consumers into believing its beer line is locally brewed in Hawaii will move forward after a California federal court judge denied the advertiser’s motion to...more
Did Nestle’s recent advertising campaign for Kit Kat infringe the intellectual property rights of Atari?
According to the video game company, ads for Kit Kat used one of its first games, Breakout, to illegally promote the...more
The National Advertising Review Board (NARB) threw out Reynolds Consumer Products’ pricing claims for Hefty Ultra Strong trash bags, finding that the advertiser conveyed an unsupported line claim and lacked substantiation....more
The National Advertising Review Board (NARB) polished up a National Advertising Division (NAD) decision recommending that Coty Inc. discontinue claims for its Sally Hansen Miracle Gel Nail Polish....more
U.K. to Ban Gender Stereotypes in Ads -
Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...more
‘World’s Best’ Is Puffery, Not Objectively Provable Claim -
The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more
7/27/2017
/ Advertising ,
Article III ,
Copyright ,
Copyright Infringement ,
Data Breach ,
Decriminalization of Marijuana ,
DMCA ,
Identity Theft ,
Injury-in-Fact ,
Instagram ,
Marijuana ,
Motion to Dismiss ,
NAD
Twitter Working to Limit Fake Stories, Accounts -
In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more
7/24/2017
/ Advertising ,
Disparagement ,
First Amendment ,
Higher Education Act ,
Lanham Act ,
Logging ,
Matal v Tam ,
Native American Issues ,
Redskins ,
Social Media ,
Trademark Trial and Appeal Board ,
Trademarks ,
Twitter
NAD Considers Grocery Store Claims, Including Jurisdiction Question -
A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more
Full Disclosure: Instagram to Help Influencers With Compliance -
On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more
Website, Mobile App Get Changes Thanks to CARU -
A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more
FTC Jumps on Trampoline Marketing -
The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order.
Son “Sonny” Le and his brother Bao “Bobby” Le...more
BART’s App Crashes Into Privacy Suit -
San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more
Recipients of FTC Influencer Letters Revealed -
The Federal Trade Commission took on some big-name celebrities and companies when it sent warning letters to influencers and marketers about the need to comply with the...more
NAD Watches Paint Dry, Sides With Advertiser -
The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more
5/26/2017
/ Advertising ,
Class Action ,
Data Breach ,
DPPA ,
Misleading Impressions ,
Motor Vehicles ,
NAD ,
Putative Class Actions ,
Solicitation ,
Standing ,
Summary Judgment ,
Warranties
FTC Emphasizes Disclosures in Letters to Influencers, Marketers -
Influencers and marketers must clearly disclose their relationships, the Federal Trade Commission reiterated in more than 90 letters sent by the agency...more
Kanye's Promise of Exclusivity a Siren Song, Suit Says -
Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more
5/7/2016
/ Advertising ,
Data Breach ,
Disparagement ,
Exclusivity Clauses ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Free Speech ,
Lanham Act ,
Misleading Statements ,
Music Streaming ,
PF Chang's ,
Preemption ,
SCOTUS ,
Standing ,
Trademark Registration ,
Trademarks ,
Unfair Competition
Study Finds Low Compliance for Native Advertising -
According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more
5/2/2016
/ Advertising ,
All Natural ,
Class Action ,
Deceptively Misdescriptive ,
Dietary Supplements ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FRCP 23(b)(3) ,
Kohls ,
NARB ,
Native Advertising ,
Scientific Evidence ,
Unfair Pricing
SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History -
Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more
4/22/2016
/ Advertising ,
Copyright ,
Deceptively Misdescriptive ,
Endorsements ,
Federal Trade Commission (FTC) ,
Libel ,
Olympics ,
Right of Publicity ,
Social Media ,
Sponsors ,
Testimonial Statements ,
Twitter ,
Uber ,
UK
Yahoo's Deal on E-Mail Scanning: More Warnings, No Cash -
A California federal court judge granted preliminary approval of a settlement agreement in a lawsuit accusing Yahoo of reading e-mail messages for ad-targeting...more
SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads -
Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more
Tech Company Settles With FTC Over Installation of Apps Without Permission -
A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more
3/10/2016
/ Advertising ,
Celebrity Endorsements ,
Data Security ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Mobile Apps ,
Network Security ,
Scams ,
Telemarketing Sales Rule
EU, U.S. Reach Data Deal—Not a Harbor, but a Shield -
After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more
2/22/2016
/ Advertising ,
Article 29 Working Party (WP29) ,
Clear and Convincing Evidence ,
Comparative Advertising ,
Defamation ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
FTC Act ,
International Data Transfers ,
Kohls ,
Libel ,
Made in the USA ,
Misrepresentation ,
Personal Data ,
Product Labels ,
Public Figures ,
Twitter ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
US-EU Safe Harbor Framework
FTC's Brill to Advertisers: Enhance Consumer Notice, Control -
Exhorting advertisers to provide consumers with greater notice and control—particularly with regard to native advertising and cross-device...more
2/15/2016
/ Advertising ,
Amicus Briefs ,
Cell Phones ,
Class Action ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Local Ordinance ,
Native Advertising ,
Opt-Outs ,
San Francisco ,
Soda Bans ,
Software Developers ,
Tracking Systems ,
Truth in Advertising ,
Warning Labels
Battle Over Legality of Daily Fantasy Sports Sites Continues -
It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues.
New York Attorney General...more
Ending Challenge to FTC's Data Security Authority, Wyndham Settles -
In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more
1/15/2016
/ Advertising ,
AFTRA ,
CA Supreme Court ,
Data Security ,
Federal Trade Commission (FTC) ,
Food Labeling ,
FTC v Wyndham ,
Mail ,
Medical Marijuana ,
Organic ,
SAG ,
Wyndham