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Regulatory Standards Advertising

Fox Rothschild LLP

NAD Reiterates Health Claim Guidance

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The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more

Awatif Mohammad Shoqi Advocates & Legal...

The E-Commerce Law in the UAE: Navigating the Regulatory Landscape

The UAE has embraced the digital era with the enactment of Federal Decree-Law No. 14/2023 on Trading by Modern Technological Means. This innovative law aims to regulate and reorganize e-commerce activities, fostering a...more

Goodwin

A Look Ahead in Life Sciences: What We Are Tracking in Q1 2024 and Beyond

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As the life sciences, medtech, and diagnostic industries continue to expand and grow increasingly complex, so does the legal, regulatory, and compliance landscape. To help companies and investors navigate the many evolving...more

Oberheiden P.C.

Promoters, Endorsers, and Brokers: Understanding the Rules on Securities and Cryptocurrency Investment Advertising

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Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more

Kilpatrick

5 Key Takeaways | Nuts and Bolts of NAD Proceedings

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Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present at a session from the 2022 ANA Masters of Advertising Law...more

Fenwick & West LLP

Advertising in the Metaverse

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The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more

BakerHostetler

Made in USA, Part Two – How Far Back Do You Have to Look?

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Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more

Proskauer - Advertising Law

On Notice: Unsubstantiated or Unrepresentative Testimonials

Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more

Jones Day

Environmental Labels, Greenwashing, and Ecocide Tackled by France's New Climate Law

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On August 22, 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). In aiming to accelerate the transition to a carbon-neutral and more resilient society, the 2021 Climate Law imposes...more

Katten Muchin Rosenman LLP

New FTC Rules Leave Contemporary NAD/NARB Questions Unanswered - Kattison Avenue Fall 2021 | Issue 7

This summer, the Federal Trade Commission (FTC) published final rules codifying its long-running standard for “Made in USA” product labels. The Commission also announced its 2022 timeline for rolling out a new version of the...more

Manatt, Phelps & Phillips, LLP

The Poster Child for Compliance: CARU Updates Its Advertising Guidelines for Children’s Advertising

In its first major update since 2014, the BBB National Programs’ Children’s Advertising Review Unit (CARU) announced on July 29, 2021, the issuance of its revised CARU Advertising Guidelines (the Revised Guidelines), widely...more

Manatt, Phelps & Phillips, LLP

FTC Finalizes Made in USA Labeling Rule

The Federal Trade Commission (FTC) has finalized the Made in USA Labeling Rule, which codifies its long-standing enforcement policy requiring that marketers making unqualified Made in USA claims on labels be able to prove...more

Manatt, Phelps & Phillips, LLP

NAD Issues Decision Regarding Zarbee’s Cough Products

Cough relief claims for Zarbee’s, Inc., cough products were challenged by a competitor, Maty’s Healthy Products, LLC, with the National Advertising Division (NAD) of BBB National Programs. Both companies sell honey-based...more

Hogan Lovells

In midst of COVID-19, FDA reminds industry that it plays both good and bad cop

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U.S. authorities are actively policing entities making illegal promotional claims that products mitigate, prevent, treat, cure, or diagnose COVID-19....more

McDermott Will & Emery

Antitrust M&A Snapshot - February 2020

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Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter...more

Hogan Lovells

National Advertising Division Refers Supplement Advertising to FTC

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A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

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Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Hogan Lovells

CJEU: Trademark use in clinical trials, no bar to non-use revocation

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This month, the Court of Justice of the European Union (CJEU) addressed a case of particular interest for pharmaceutical companies that are in the process of developing a new product. Regulatory and commercial considerations...more

Hogan Lovells

Dutch DPA: Banks May Not Use Payment Data for Marketing Purposes

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In the wake of a recent announcement by a major Dutch bank that it would start providing its customers with personalized advertisements based on their spending patterns, the Dutch Data Protection Authority (DPA) has sent a...more

Nilan Johnson Lewis PA

10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product

Companies can save hundreds of thousands of dollars in litigation fees by taking proactive steps that put them in the best position possible to avoid potential legal claims and defend those that occur. From warnings to...more

King & Spalding

Design, Designation and Regulatory: Structuring Considerations and Regulatory Due Diligence in EU Food and Beverage Transactions

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When structuring and assessing transactions in the food and beverage sector in a European context, a purchaser must consider and evaluate several EU-specific requirements in order to ensure a successful transaction with...more

Womble Bond Dickinson

Now I Get It!: Using the FCC’s Order Keeping Text Messages as “Information Services” to Better Understand the Communications Act

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Little known fact: the TCPA is just a tiny little part of something much bigger and more complex called the Communications Act of 1934, as amended by Telecom Act of 1996 (which the FCC loves to just call the “Communications...more

Hogan Lovells

FDA pushes "consumer-friendly" presentation of quantitative data in DTC promotions

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On Tuesday, the Food and Drug Administration (FDA or the agency) published a draft guidance document, "Presenting Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements,"...more

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