Tag Archives: Advertising

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

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

COVID-19 Update: FTC and States Combat Scams, Price Gouging and Deceptive Ads

Photo of Linda A. GoldsteinPhoto of Matthew RenickBy Linda A. Goldstein and Matthew Renick on Posted in Advertising, FTC
We recently blogged about regulatory warning letters and a consumer class action stemming from consumer-facing advertising related to the coronavirus. Today, we write to provide updates on state and federal efforts to protect consumers and a Federal Trade Commission (FTC) press release sounding the alarm on B2B coronavirus scams. State regulators are confronting many of … Continue Reading

It’s a Mixed Salad for the ‘Natural’ and ‘Pure’ Claims for Foods With Trace Pesticides

Photo of Jacqlyn RovinePhoto of Amy Ralph MudgeBy Jacqlyn Rovine and Amy Ralph Mudge on Posted in Advertising
Can you call your processed food product “natural” or “pure” when it contains a residual amount of an herbicide or pesticide that the manufacturer did not add but was used by a producer in growing an ingredient in the product? Recent cases confirm that such a product can still be called “natural” – at least … Continue Reading

Ad and Publishing Industries Confront CCPA Challenges While Congress Considers Privacy

By Alan L. Friel on Posted in Advertising, California, Data Privacy
The junior Senator from Missouri, Joshua Hawley (R), has introduced s 1578, which would require the Federal Trade Commission (FTC) to create and make available a “do not track” (DNT) signal that consumers can associate with their devices and require that online services look for the signal and, when indicated, not collect, use or share … Continue Reading

Welcome.

Photo of Amy Ralph MudgePhoto of Randal M. ShaheenBy Amy Ralph Mudge and Randal M. Shaheen on Posted in News
Change, they say, helps keep you young. We certainly hope so. We are very excited about our new home at BakerHostetler and the opportunity to add a blog to the Advertising, Marketing and Digital Media team’s highly regarded weekly newsletter. (If you aren’t already receiving the newsletter, you should be. Click here to subscribe.) Anchored … Continue Reading
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