Archives: Advertising

Advertising and Regulation of CBD Products

By Lee H. Rosebush, Randal M. Shaheen, Laura Macherelli and John P. Ferry on August 9, 2022 Posted in Advertising, CBD

If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill removed hemp-deprived products, like CBD, from the Controlled Substances Act, leading to a flood … Continue Reading

3 Things to Address in Digital Media Agreements

By Aaron Goodman on August 4, 2022 Posted in Advertising, Digital Media

The ad creative has been produced and approved. The media plan has been crafted. Now it’s time to execute on the plan, and that involves buying the media – i.e., purchasing ad space to place your ads on different media channels (television, print, websites, etc.) so people can see them. Or maybe you’re a publisher … Continue Reading

What Even Is Ad Tech?

By Aaron Goodman on July 26, 2022 Posted in Advertising

“What is ad tech?” That is a question I’ve been asked and have answered numerous times. I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising … Continue Reading

The 13th Public Commission Meeting – an AI Study About Online Scams and, Yes, Another Policy Statement

By Daniel Kaufman and Amy Ralph Mudge on June 16, 2022 Posted in Advertising

We spend many of our working hours – and far too many of our nonworking hours – talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish the agency would issue yet another policy statement.” With that, we turn … Continue Reading

Pride Month and the Onslaught of Rainbow Corporate Logos

By Daniel Kaufman and Amy Ralph Mudge on June 3, 2022 Posted in Advertising

Many of us have become accustomed to the fact that every June, with the calendar signaling LGBTQ+ pride month, we get the inevitable onslaught of corporate logos incorporating the colors of the rainbow flag. And at the end of June, the logos revert to their less colorful versions. The cynics among us like to focus … Continue Reading

And Then There Were Five – Commissioner Bedoya Has Arrived

By Daniel Kaufman on May 18, 2022 Posted in Advertising

When a new commissioner arrives at the Federal Trade Commission (FTC or Commission), there are some changes to expect as that new person gets up to speed and learns how different it is to be at the FTC versus watching what the Commission does from the outside. But the addition of a new commissioner can … Continue Reading

What Is a PFAS, and Why Should I Care? Part III – California’s Proposition 65

By Ryan Fischbach, Bethany Lukitsch, Matthew Thurlow and Theodore Weiss on May 12, 2022 Posted in Advertising

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and regulatory enforcement due to their alleged human health risks. As a quick refresher, PFAS includes a class of more than … Continue Reading

The Future’s So Bright, I Gotta Wear BluBlockers – A Walk Through Advertising History

By Daniel Kaufman and Amy Ralph Mudge on April 4, 2022 Posted in Advertising

The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that were on heavy rotation in the 1980s and early ’90s. For younger readers, BluBlockers were ultra-cool sunglasses that promised … Continue Reading

What is a PFAS, and Why Should I Care?

By Bethany Lukitsch, Kamran Ahmadian, Julie Singer Brady, Matthew Thurlow and Amy Ralph Mudge on March 9, 2022 Posted in Advertising

We are bombarded with countless abbreviations every day – CPPA, GLBA, MSRP, SARS and BPA, to name just a few. Time to add one more to the list. Per- and polyfluoroalkyl substances, colloquially known as PFAS, are a class of more than 4,700 chemical compounds, the components of which break down very slowly over time. … Continue Reading

Leveling Up: Advertising to Children Through Video Games

By Carolina Alonso, Michael Ingram and Amy Ralph Mudge on March 7, 2022 Posted in Advertising

Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active users in its virtual world, can reach swaths of potential brand loyalists. For many companies and brands, video game … Continue Reading

FTC Issues Guidance on Use of Consumer Reviews: Brands, Platforms and Comparison Websites Are in the Hot Seat

By Linda A. Goldstein on February 8, 2022 Posted in Advertising, FTC

The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In fact, a recent study by Bright Local revealed that over 85 percent of consumers trust online reviews as much as recommendations … Continue Reading

Made in USA, Part Three – Materials Not Available in the US

By Randal M. Shaheen and Amy Ralph Mudge on February 7, 2022 Posted in Advertising, FTC

This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance – ambiguities that become particularly more important now that MUSA claims in labeling are the subject of a new Commission, the violation of which can lead to civil penalties. Suppose a … Continue Reading

Thoughts on Working with B2B Influencers

By Amy Ralph Mudge and Matthew Renick on February 1, 2022 Posted in Advertising

There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to 10, and, well, anything short of a top 10 countdown just seems like it’s missing something. Tip … Continue Reading

Texas’ Latest Lawsuit Against Google Challenges Endorsements Made by Radio Personalities

By Victoria Weatherford and Lisa Virgen on January 27, 2022 Posted in Advertising, FTC

Last week, the State of Texas sued Google in state court for allegedly deceptive advertisements by radio personalities (radio DJs) praising the Google smartphone, the Pixel 4. The lawsuit claims that Google violated the state’s Deceptive Trade Practices Act when it used radio personalities to read scripted testimonials before they had access to the phone. … Continue Reading

Brand NFT Advertising Basics, or One for All of Us Who Wanted a Pony Growing Up, Who Don’t Quite Get the NFT Buzz, and Who Really, Really Need a Vacation

By Amy Ralph Mudge and Matthew Renick on January 18, 2022 Posted in Advertising

This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible Thoroughbreds” at VisitLEX. The horses have names like Ol’ Pixel Face, iHorse, OpenSea Biscuit, Notta … Continue Reading

AdTech: Regulation, Compliance and Where We are Heading

By Theodore J. Kobus III on January 10, 2022 Posted in Advertising

Partners Fernando Bohorquez, Gerald Ferguson, Linda Goldstein and Jeewon Serrato, and Associate Justin Yedor served as panelists in a recent article published in the January 2022 issue of Financier Worldwide. In the article, they offer insights regarding key advertising technology regulation and compliance trends, including recent digital advertising efforts, benefits and insights, and current regulatory … Continue Reading

Dreaming of Ads for Sugarplums

By Amy Ralph Mudge on December 23, 2021 Posted in Advertising

Leading into the long holiday weekend, we on the BakerHostetler Advertising, Marketing & Digital Media team have lots to be thankful for. Our newest partner, Daniel, has really helped remind us how much we enjoy blogging. As we are pushing off the pandemic languishing, one of our resolutions is to commit to more consistent posts … Continue Reading

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

By Amy Ralph Mudge and Randal M. Shaheen on November 2, 2021 Posted in Advertising, FTC

The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at their practices when it comes to endorsements and testimonials and are beefing up their training and … Continue Reading

CARU’s Revised Guidelines Are Not Kid-ding Around

By Amy Ralph Mudge, Michael Ingram and Carolina Alonso on October 15, 2021 Posted in Advertising, COPPA, FTC, Gaming

By: Amy Mudge, Mike Ingram and Carolina Alonso The Children’s Advertising Review Unit (CARU) recently held their “Kidvertising” workshop to discuss the revised CARU Advertising Guidelines, which are set to take effect on January 1, 2022. The workshop tackled several issues important to child advertising including diversity and inclusion, influencers, and in-app and in-game advertising. … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

By Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on October 13, 2021 Posted in Advertising, FTC

By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

By Randal M. Shaheen and Matthew Renick on October 8, 2021 Posted in Advertising, Data Privacy, FTC

By Randal Shaheen and Matthew Renick To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Specifically, Commissioner Slaughter sought to bust five myths about privacy … Continue Reading

NDI Letter Shows CBD’s Position Unchanged at FDA

By Randal M. Shaheen and John P. Ferry on August 31, 2021 Posted in Advertising, CBD, FDA

The 2018 Farm Bill legalized hemp-derived cannabidiol (CBD) at the federal level, but in the nearly three years since then, little has changed from the perspective of the U.S. Food & Drug Administration (FDA). From the start, FDA’s regulatory position has been complicated by CBD’s previous approval as the active ingredient in the prescription drug … Continue Reading

Life in Plastic – It’s Fantastic

By Michael Ingram and Amy Ralph Mudge on August 12, 2021 Posted in Advertising

As the world contends with the ongoing COVID-19 pandemic, activists are sounding the alarm over another pandemic: the plastic pandemic. Environmentalist groups have been warning Americans about our overconsumption of plastic for years, but now states are taking notice and acting. California and Washington state recently enacted legislation establishing a tiered system designed to increase … Continue Reading