Yearly Archives: 2009

Self-Regulation Once Again Called into Question by FTC as It Revisits Violence in Music, Movies, and Electronic Games Advertised to Children

On December 3, 2009, the FTC released a report to Congress that outlined various ways in which self-regulation has not done enough to limit advertising to children of music with explicit lyrics, and movies and games that depict violence. The report spans various media platforms and contains specific recommendations to the entertainment industry. The movie … Continue Reading

More Perspective on the FTC’s Recently Updated Endorsement and Testimonials Guides

On Tuesday, Dec. 1, 2009, the revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising” released by the Federal Trade Commission came into effect. John P. Feldman, an authority in these types of advertising regulations and compliance, put together some thoughts concerning the implications of these Guides upon coming into effect, continuing his … Continue Reading

FDA Seeks to Understand Social Media

Earlier this month, the Food and Drug Administration (FDA) held public hearings to better understand the role of, and the risks associated with, the promotion and marketing of FDA-regulated products using the Internet and social media. The last such hearing of this kind (which focused solely on the Internet) was organized by the FDA in 1996; … Continue Reading

Status of Legislative, Regulatory and Legal Issues Affecting Advertising – A Report from the ANA

This post was written by Dan Jaffe. Adlaw by Request is pleased to present you with the Association of National Advertisers’ recently released Study, entitled “Status of Legislative, Regulatory and Legal Issues Affecting Advertising“. This is an important read that covers a very broad range of contemporary issues affecting almost every sector of industry. If … Continue Reading

Social Media and the Law

Reed Smith just released its White Paper on legal issues surrounding social media. You can download "Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon", a 69-page, 10-chapter White Paper positioned to be the definitive source for information about legal issues in social media. The White Paper covers … Continue Reading

GRP Model – PricewaterhouseCoopers (PwC)

This post was written by Kathleen C. Quinn, VP, Director Production Services, American Association of Advertising Agencies. Per the 2009 SAG/AFTRA Commercials Contract, SAG, AFTRA, and the JPC have agreed to conduct an in-depth study of the Gross Ratings Point Talent Compensation Model (“GRP Model”). SAG, AFTRA, and the JPC have selected PricewaterhouseCoopers (“PwC”) to … Continue Reading

Children’s Advertising – Fast Food Industry Initiative

This post was written by Peter Le Guay, Partner at Thomson Playford Cutlers. The Initiative Childhood obesity has become a major public health issue in Australia with evidence showing that excessive consumption of foods high in fat, sugar and salt is a major contributor to childhood obesity. One of the most recent steps implemented to … Continue Reading

Facebook Catches a Big Phish

Once again, that truism that old habits die hard has been substantiated. The U.S. District Court of Northern California just awarded Facebook a $711 million judgment against the self-described “spam king,” Sandford Wallace, for violating the CAN-SPAM Act. The CAN-SPAM Act establishes the rules for sending commercial emails and bans “false and misleading” marketing emails. Wallace and … Continue Reading

Guilds Split over Video Games: SAG and AFTRA Boards Recommend Acceptance of New Video Game Collective Bargaining Agreement; SAG Membership Rejects It

This continues to be an interesting year for entertainment labor negotiations. New SAG/AFTRA ad industry contracts, SAG’s new television and theatrical contract and studio agreement, an extension of the Non-Broadcast/Industrial and Educational agreement, not to mention infighting and lawsuits. And now there’s a new item – SAG and AFTRA’s separate negotiations with the videogame industry over voiceover … Continue Reading

Congressman Kucinich to Introduce Ad Tax Bill

To:              ANA Washington Reps and Legal Affairs Reps From:         Dan Jaffe Subject:    Congressman Kucinich to Introduce Ad Tax Bill Date:          October 29, 2009   We have learned that Ohio Congressman Dennis Kucinich plans soon to introduce legislation to eliminate the tax deduction for certain food advertising directed to children. This comes on top of the … Continue Reading

The Impact of the CFPA Act on the FTC

To:  ANA Washington and Legal Representatives From:  Dan Jaffe  Re:  The Impact of the CFPA Act on the FTC Date:  October 28, 2009   We sent out a letter to the House Energy and Commerce Committee regarding the CFPA Act last night. A markup in that Committee has been scheduled for tomorrow. We hope that … Continue Reading

Markup on FTC provisions in the CFPA legislation

To:  ANA Washington and Legal Representatives From:  Dan Jaffe RE:  Markup on FTC provisions in the CFPA legislation Date:  October 27, 2009   The markup is expected on the CFPA bill imminently. Apparently, Chairman Waxman of the House Energy and Commerce Committee appears poised to give the FTC its complete wish list as described in … Continue Reading

Puerto Rico Sweepstakes Regulation Revised

Luis G. Rivera Marín, Secretary of the Commonwealth of Puerto Rico’s Department of Consumer Affairs (DACO), this week announced the enactment of the country’s revised Sweepstakes and Games of Chance Regulation, effective Nov. 27, 2009. The new rules remove legal barriers that previously forced advertisers and other promoters to void sales promotions in Puerto Rico … Continue Reading

Job Opening – Joint Policy Committee for Broadcast Talent Relations – JPC Project Manager

The Joint Policy Committee on Broadcast Talent Union Relations (JPC) is the multi-employer bargaining unit that represents the advertising industry in negotiations with the Screen Actors Guild and the American Federation of Television and Radio Artists in connection with the union agreements covering actors who perform in commercials for traditional and non-traditional media.. Established in … Continue Reading

California Legislature Passes New Law Imposing Permit Fees on Child Actors

California has long had a law requiring that children seeking to be employed in entertainment productions, or as advertising or photographic models, must obtain an Entertainment Work Permit prior to beginning work. See Cal. Labor Code § 1285 et seq.; see also 8 C.C.R. 11750 et seq. The Entertainment Work Permits were issued free of charge upon … Continue Reading

Antimicrobial Claims Give Rise to EPA Enforcement

Samsung allegedly made advertising claims stating that its keyboards were antimicrobial and inhibited germs and bacteria. Because these were essentially pesticide claims, they fell under the jurisdiction of the EPA, which enforces the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, before a pesticide can be sold or distributed in the United States, the … Continue Reading

What, Me Worry? Legal Best Practices for Small Publishers An Informative Webinar Sponsored by the IAB Long Tail Alliance And Presented by Reed Smith

If you haven’t already registered for the Interactive Advertising Bureau’s education webinar, entitled “What Me Worry? Legal Best Practices for Small Publishers”, THERE IS STILL TIME! The webinar, which is scheduled for this coming Friday, October 23, 2009 from 12:00 pm – 1:00 pm (Eastern US Time), is being presented by Reed Smith and sponsored by … Continue Reading

From the JPC

Here’s a little known fact – over fifty-six million Americans – 20% of the U.S. population – have a disability. I AM PWD, a coalition of entertainment industry organizations including Actors Equity, SAG and AFTRA is dedicated to enhancing the status and promoting the advancement of performers with disabilities; fostering understanding and respect for disabled performers and … Continue Reading

The Other Shoe Drops on the Maine COPPA-extension Law

Following the U.S. District Court’s statement last month regarding the dubious constitutionality of Maine’s Act To Prevent Predatory Marketing Practices against Minors has been recommended for repeal by a special committee of the Maine legislature. MediaPost reports that last Friday, the state’s judiciary committee conceded that the constitutionally flawed statute, which had been questioned but not … Continue Reading

Serial (or Rather Cereal) Issues in Advertising

This post was written by Rachel Rubin. If it looks like fruit and sounds like fruit, it must be fruit. Well, not exactly, and please don’t waste our time, says a California court. Ray Werbel recently filed a lawsuit in San Francisco federal court claiming that he bought and ate Froot Loops cereal, believing it was healthy … Continue Reading

Ten Data Security Questions Faced by Every Company

This post was written by Paul Bond.  When emergencies hit, Reed Smith’s clients routinely call upon the Firm’s Privacy, Security, and Management Group. We’ve dealt with everything from lost laptops to international hacking, database thefts by employees to pharmacy dumpster diving. On the litigation side, we have defended more than sixty (60) consumer class actions … Continue Reading

New Bill Concerns Media Vendors

We’ve written in the past on Adlaw by Request about pending legislation that’s winding its way through Congress to establish a new agency, the Consumer Finance Protection Agency (the “CFPA”). H.R. 3216, the Consumer Financial Protection Agency Act (the “Act”), seeks to protect consumers of financial products through the creation of a powerful independent agency with … Continue Reading