Do Gift Cards Keep on Giving How the Law Affects the Consumer, the Retailer and the State
Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing...more
On April 25, 2024, the FDA published a notice of availability in the Federal Register for its revised draft guidance, entitled “Promotional Labeling and Advertising Considerations for Prescription Biological Reference...more
On March 14, the Federal Communications Commission (FCC) adopted new rules that require cable television operators and satellite video providers to specify the aggregate monthly all-in price for video programming services on...more
While the U.S. Congress may be retarded in its lawmaking responsibilities, the States of Tennessee and Utah recently passed legislation affecting charitable sales promotions as follows: Tennessee: Amended its...more
With the ubiquitous “Black Friday”—and now “Black Week”—having taken hold in the European Union and the United Kingdom, consumers will currently be inundated with offers and shopping around for the best deal. Retailers should...more
Fall is in the air, and that means brands are planning holiday promotions. The season of buying is also the season of giving, and Q4 is prime time for brand + charity partnerships and cause marketing campaigns. Often, a...more
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more
In 2022, the U.S. Food and Drug Administration (FDA or the Agency) issued a total of nine enforcement letters targeting advertising and promotion violations for prescription drugs and devices. A summary of the noteworthy...more
Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it...more
Please join AGG Food & Drug attorneys Alan G. Minsk and Laura S. Dona for a complimentary webinar reviewing past FDA letters issued to pharmaceutical and medical device companies for unlawful promotion in 2021 and where FDA...more
Does anyone remember the 1980’s song, “Freeze-Frame” by The J. Geils Band? A new year, a new Untitled Letter issued by the Food and Drug Administration’s Office of Prescription Drug Promotion to a prescription drug company....more
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services...more
The offers are popping up everywhere: “Buy a protective face mask on our website and we will donate a mask to a hospital or a community in need” or “Retweet this message and we will donate $1 to a COVID-19 relief fund.”...more
ACI is delighted to present our inaugural Think Tank on Rx Drug Advertising and Promotion. Attend this intimate and in-depth symposium where the “who’s who” of pharmaceutical advertising and promotion will gather to discuss...more
A challenge to a cigar company’s “buy one, get one” promotions ended with a $2.5 million settlement recently approved by an Oregon federal court....more
Over the years there have been a number of promotions that just exploded beyond a brand’s expectations. In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a...more
Companies should revisit their policies for influencer programs for compliance with the updated guidance. Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009....more