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

Photo of Ryan FischbachPhoto of Bethany LukitschPhoto of Matthew ThurlowPhoto of Theodore WeissBy Ryan Fischbach, Bethany Lukitsch, Matthew Thurlow and Theodore Weiss on 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

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on 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?

Photo of Bethany LukitschPhoto of Kamran AhmadianPhoto of Julie Singer BradyPhoto of Matthew ThurlowPhoto of Amy Ralph MudgeBy Bethany Lukitsch, Kamran Ahmadian, Julie Singer Brady, Matthew Thurlow and Amy Ralph Mudge on 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

Photo of Carolina AlonsoPhoto of Michael IngramPhoto of Amy Ralph MudgeBy Carolina Alonso, Michael Ingram and Amy Ralph Mudge on 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

Photo of Linda A. GoldsteinBy Linda A. Goldstein on 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

Photo of Randal M. ShaheenPhoto of Amy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on 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

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

Photo of Victoria WeatherfordPhoto of Lisa VirgenBy Victoria Weatherford and Lisa Virgen on 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

Photo of Amy Ralph MudgePhoto of Matthew RenickBy Amy Ralph Mudge and Matthew Renick on 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

Photo of Theodore J. Kobus IIIBy Theodore J. Kobus III on 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

Photo of Amy Ralph MudgeBy Amy Ralph Mudge on 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?

Photo of Amy Ralph MudgePhoto of Randal M. ShaheenBy Amy Ralph Mudge and Randal M. Shaheen on 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

Photo of Amy Ralph MudgePhoto of Michael IngramPhoto of Carolina AlonsoBy Amy Ralph Mudge, Michael Ingram and Carolina Alonso on 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

Photo of Linda A. GoldsteinPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenPhoto of John P. FerryPhoto of Matthew RenickBy Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on 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

Photo of Randal M. ShaheenPhoto of Matthew RenickBy Randal M. Shaheen and Matthew Renick on 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

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on 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

Photo of Michael IngramPhoto of Amy Ralph MudgeBy Michael Ingram and Amy Ralph Mudge on 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

Podcast: AD-ttorneys@law: False Advertising or Just Puffing?

Photo of Randal M. ShaheenBy Randal M. Shaheen on Posted in Advertising, Podcast
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s promotional pitfalls and potential problems. Questions and Comments: rshaheen@bakerlaw.com Listen to the episode. Subscribe to BakerHosts Apple Podcast | Google Podcast | iHeartRadio | Spotify | Stitcher | TuneIn Download Episode Transcript… Continue Reading

Beware of Dark Patterns

Photo of Randal M. ShaheenPhoto of Amy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in Advertising
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who lurked in Dark Shadows. And little kids in general are just plain scared of the … Continue Reading

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

Photo of Amy Ralph MudgePhoto of Matthew RenickBy Amy Ralph Mudge and Matthew Renick on Posted in Advertising
If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more than 800 million active users, became the go-to social media platform to keep people engaged and entertained while … Continue Reading

IAB Launches CCPA Benchmark Survey

Photo of Taylor A. BloomPhoto of Gerald J. FergusonPhoto of Linda A. GoldsteinBy Taylor A. Bloom, Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on Posted in Advertising, California
The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The survey provides an opportunity for companies to anonymously report on their handling of various CCPA matters, including to provide statistics relating to the number of access, deletion, … Continue Reading
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