Tag Archives: Advertising

Can I Run March Madness Promotions? And How Legal Is That Bracket Challenge?

Photo of John P. FerryBy John P. Ferry on Posted in Advertising
March Madness is upon us! Whether you’re filling out multiple brackets or studiously avoiding a certain co-worker because your team missed out, odds are you’re aware the annual men’s and women’s college basketball tournaments are here. But you may also be wondering, how can my business capture the moment in its advertising? The short answer: … Continue Reading

The Federal Trade Commission’s New Health Product Compliance Guidance

Photo of Randal M. ShaheenPhoto of Daniel KaufmanBy Randal M. Shaheen and Daniel Kaufman on Posted in Advertising
Join Randy Shaheen and Daniel Kaufman as they discuss the Federal Trade Commission’s new Health Products Compliance Guidance. During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old … Continue Reading

FTC’s New Office of Technology Is Not the Game Changer You Might Think

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
To modest fanfare, last week the Federal Trade Commission announced the creation of a new Office of Technology (Office or OTech). The press release noted that the Office “will strengthen the FTC’s ability to keep pace with technological challenges in the digital marketplace by supporting the agency’s law enforcement and policy work.” Any details about … Continue Reading

FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. Of course, since that document was issued, the FTC has announced hundreds of cases challenging claims that companies have made for health … Continue Reading

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Continue Reading

Coinbase Decision Highlights Importance of Official Rules’ Dispute Provisions

Photo of Linda A. GoldsteinPhoto of John P. FerryBy Linda A. Goldstein and John P. Ferry on Posted in Advertising
In a rare example of a sweepstakes leading to litigation, Coinbase and its promotion agency, Marden-Kane, were sued over a sweepstakes run by Coinbase and administered by Marden-Kane titled “Trade Doge. Win Doge.” As part of that sweepstakes, Coinbase offered prizes totaling $1.2 million of Dogecoin to individuals who purchased or sold $100 worth of … Continue Reading

So Many Words – The FTC’s Recent Strategic Planning Reports Do Actually Matter

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. Friday releases in the summer always make me suspicious (what are you trying to bury on this Friday afternoon when I am pondering the weekend?); further, these documents included … Continue Reading

There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

Photo of Daniel KaufmanPhoto of Michael IngramBy Daniel Kaufman and Michael Ingram on Posted in FTC
P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being talked about.” Well, some folks most definitely disagree when a whole settlement potentially is tanked over … Continue Reading

The Matrix of Guardrails for the Metaverse Grows (Plus Weekend Movie Viewing Recommendations)

Photo of Amy Ralph MudgePhoto of Michael IngramBy Amy Ralph Mudge and Michael Ingram on Posted in Advertising, Digital Media
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking about how we can protect the kids when they venture not outside in the real world … Continue Reading

TINA Issues Warning Letters to Celeb NFT Endorsers

Photo of Lauren BassPhoto of Amy Ralph MudgeBy Lauren Bass and Amy Ralph Mudge on Posted in Advertising
From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own collections, purchasing an expensive profile pic, or simply endorsing new artists, celebrities have embraced blockchain technology and have been extolling the virtues … Continue Reading

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. This rulemaking will … Continue Reading
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