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Marketing

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

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Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

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On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

NAD Decision Addresses Review Claims

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought...more

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

Nancy Myrland - Myrland Marketing & Social...

#LMA25 Let’s Celebrate 40 Years Together – Annual Conference Content Curation

I am here with more than 1300 of my colleagues in legal marketing and business development for the 2025 Legal Marketing Association Annual Conference in Washington, D.C. This year is very special to us because it is LMA’s...more

Best Era

Want to Be Known for What You’re Great At? Start Acting Like It.

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You’re a brilliant litigator. Or maybe you’re a wizard with trusts and estates. Maybe you’ve never lost a zoning appeal.  But if no one knows that? You’re invisible. And you’re leaving influence, impact, and income on...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Foley & Lardner LLP

Health Care Marketing: The Seventh Circuit Addresses “Referrals” Under The Anti-Kickback Statute

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Health care organizations working with marketers, independent sales representatives, advertising, and other consulting support to promote sales of products or services received welcomed news that their arrangements may be...more

Morgan Lewis

Key Takeaways: Advertising and Marketing in the Automotive Industry

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As advertising and marketing strategies in the automotive sector continue to evolve in response to advancing technology and changing consumer expectations, advertisers are encountering new questions—accompanied by...more

Blank Rome LLP

Seventh Circuit Decision Clarifies Distinction Between Face-to-Face Sales and Advertising Under the Anti-Kickback Statute

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Overview - In a significant decision, United States v. Sorensen, --- F.4th ----, 2025 WL 1099080 (7th Cir. Apr. 14, 2025), the United States Court of Appeals for the Seventh Circuit reversed the conviction of Mark...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 9

Court in Crisco "Butter" False Ad Nixes Overbroad Proposed Classes - Despite surviving two motions to dismiss, an Illinois plaintiff alleging that Crisco falsely advertised its cooking spray as containing butter couldn't...more

Epstein Becker & Green

New Seventh Circuit Decision Signals Greater Flexibility for Healthcare Marketing Services

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On April 14, 2025, the United States Court of Appeals for the Seventh Circuit issued a decision in a case involving the federal Anti-Kickback Statute (“AKS”) and marketing services that the court framed as an appeal...more

BakerHostetler

[Podcast] AD Nauseam: Survey Says: The Consumer Perception Study Series Pt. 1

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In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how...more

Greenberg Glusker LLP

Washington Supreme Court Expands Reach of Anti-Spam Law

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The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more

BakerHostetler

The Seventh Circuit Narrows AKS Scope for 1099 Marketers and Advertisers

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On April 14, the Seventh Circuit in United States v. Sorensen issued a decision reversing a jury conviction and narrowing the scope of the Anti-Kickback Statute (AKS) as applied to marketers and advertisers....more

BakerHostetler

Don’t Skim(p) on Disclosures

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And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more

ArentFox Schiff

Non-Cannabis Brands Capitalizing on Cannabis Culture: Marketing Opportunities for 4/20 and Beyond

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As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an...more

Clark Hill PLC

Washington Supreme Court says it’s illegal to include any false or misleading information in the subject line of a commercial...

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On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Morrison & Foerster LLP

Jury Returns Verdict in “Manufactured in the USA” False Advertising Case

A jury in the Central District of California recently awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”) violated the Consumer Legal Remedies Act (CLRA), breached an express...more

Copo Strategies + Law Firm Editorial Service

The lesson 2,886 newspapers can teach law firms about thought leadership

In this video, Wayne Pollock (Founder of Copo Strategies and the Law Firm Editorial Service) explains what the demise of 2,886 newspapers since 2005 can teach law firms about their own thought leadership efforts. For more...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

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A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

Pagefreezer

Social Media vs. Compliance — The Major Marketing Problem Stumping Financial Services

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These days, you'd be hard-pressed to find an business that isn't advertising on social media. But when it comes to financial service providers, social media marketing can become a double-edged sword, or worse a compliance...more

Kelley Drye & Warren LLP

Shein Faces Class Action Over Influencer Posts

A recent class action asks how it’s possible that a Chinese company, with allegedly ​“no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more

Eversheds Sutherland (US) LLP

SEC staff issues new FAQs on the Marketing Rule, providing investment advisers with flexibility and clarity

On March 19, 2025, the Securities and Exchange Commission’s (SEC) Division of Investment Management staff (Staff) issued two new Frequently Asked Questions (FAQs) focused on Rule 206(4)-1 under the Investment Advisers Act of...more

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