Tag Archives: FTC

A Trap for the Unwary: Cannabis Health Claims Likely to Draw Scrutiny from Advertising Regulators

With the opening of the East Coast’s first marijuana retailer just days away, consumers in Massachusetts may soon begin seeing advertisements promoting all manner of cannabis products, services, and establishments.  The state’s Cannabis Control Commission has drafted regulations that place restrictions on marijuana advertising, but even with those restrictions, there is still plenty of opportunity for retailers and product manufacturers to promote cannabis to consumers,… More

Watch: How In-House Counsel Can Navigate Advertising Issues and Other FTC Priorities in the Current Administration

Are you wondering how to keep your company in the good graces of the FTC and other regulators when it comes to your company’s advertisements? You are not alone. Watch this webinar to learn about the advertising-related priorities of the Trump administration, how they affect your business, and what you can do to mitigate your company’s risk.

Topics include how to substantiate and defend marketing claims your company wants to make about its products and services,… More

Regulators Step Up Scrutiny of Cryptocurrency Advertising as Industry Stance Softens

We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs.  The key takeaway from that post was that the frenzy around cryptocurrencies – including as an investment opportunity for individuals who aren’t otherwise active investors – has led to a number of efforts to curtail cryptocurrency promotion, from both regulators and industry stakeholders.

Since that post,… More

British Regulator Seeks to Stamp Out Harmful and Offensive Gender Stereotypes in Advertising

The wedding of Prince Harry and Ms. Meghan Markle is officially in the books.  Like many of you, I learned some interesting things about the royal couple in the media hysteria leading up to the wedding. For example, when she was eleven years old, Ms. Markle (now the Duchess of Sussex) took on a major national advertiser for its use of gender stereotyping in a commercial for dishwashing liquid and prevailed.… More

Advertising Law Compliance for Start-Up Companies

Publicly launching its first product or service is an exciting time in the life of a start-up company.  In this blog post, we provide some “rules of the road” that will hopefully prevent that all-important first product launch from turning into a legal disaster.  Elsewhere, we have blogged about trademark, patent, domain name, and copyright strategies for start-ups and early-stage companies.… More

An Influencer Award for a Kardashian, but Not from the FTC

If you’ve ever lamented that Kim Kardashian West just doesn’t receive enough recognition for her efforts at promoting her own and other brands, we have exciting news for you. Women’s Wear Daily reports that the Council of Fashion Designers of America (CFDA) announced last week that Kim will be the recipient of its first ever “Influencer Award” at the CFDA Fashion Awards on June 4.… More

Retro-Grade: Old-School Chewing Gum Ad Raises Modern Claim Substantiation Issues

Welcome to another installment of Retro-Grade, where we take a trip down memory lane, looking at classic ads from days of yore and examining issues that might arise if those ads were run today.  As the name of the series implies, we give each ad a grade.  We are not at liberty to disclose the details of our proprietary grading scheme, but, suffice it to say, it is neither rigorous nor scientific.… More

Advertising Tips for Food and Dietary Supplement Manufacturers

In the course of my career, clients have often asked for a nutshell summary of the key principles guiding the Federal Trade Commission’s (FTC) action in the food and dietary supplements industries.  Two decades of experience have brought these principles into clear focus and have provided a vantage point from which to assess the risks of non-compliance.  While by no means a substitute for legal advice, the short summary below will,… More

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”) monitors environmentally-themed marketing for potentially deceptive claims, and evaluates their compliance with Section 5 of the FTC Act by reference to the “Green Guides.”

The Green Guides,… More