On May 18, the Association of National Advertisers (ANA) released a critical study under a joint initiative led by Ad/Fin in cooperation with the ANA, the Association of Canadian Advertisers (ACA), and Ebiquity. The study investigated the transparency and economics of programmatic media; particularly what percentage of an advertiser’s programmatic media spend actually went to
“You’re Fired” – The Growing Fallout from Celebrity Rants
While the beginning of the Trump era started with debates over the size of crowds and immigration bans, last week was all about brands and their affiliation (or desire to be unaffiliated) with President Trump. Most recently, this issue came to the forefront when Under Armour’s CEO gave an interview on CNBC and called Trump
FTC Settles Supplement Maker Over Unsubstantiated Claims and Expert Endorsement
On October 5, 2016, the Federal Trade Commission (FTC) settled its case with Supple, LLC over certain advertising claims regarding its Supple joint supplement. Between 2011 and 2015, the company advertised (via social media, radio, and in-person pitches) that the supplement was scientifically proven to provide complete relief from chronic and severe joint pain stemming
Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ads
Google has announced a new advertising policy for pharmaceutical companies that presents significant issues and dictates immediate changes. Effective July 20, pharmaceutical companies can no longer run pharmaceutical ads in the so-called “Black Box Ad Format” – a format that had previously been approved by the FDA. Instead, pharmaceutical companies will now have to run
Running a Sweepstakes in France is Less Misérables
It’s not every day that one gets to observe a non-U.S. jurisdiction abandoning frustrating, idiosyncratic requirements on sweepstakes promotions, but – sacré bleu! – we’ve got one to report.
For several years, international marketers have listed France among the jurisdictions included in their international sweepstakes and chance-based promotional games by conforming to certain unique French
A 30-Minute Data Breach Drill for GCs
At times, the two most frightening words in the English vocabulary are “data” and “breach.” Much to the chagrin of companies across the country, data breaches are quite the rage these days. It seems as if every week a new company falls prey to a cyberattack resulting in the release of secure information. To help
European Commission’s “digital single market” strategy attempts to break down online barriers in the EU
In the European Union (EU), online barriers prohibit EU citizens from receiving goods and services that are commonplace to U.S. citizens. When I travel to Miami, for instance, I am able to use my Netflix streaming subscription to catch up on my favorite shows. The same cannot be said for a citizen from the UK
FTC Ignores the First Amendment with $9 Million Fine Against Weight Loss Supplement Company
On January 26, the manufacturer of a green coffee bean extract (GCBE) agreed to pay the Federal Trade Commission $9 million to settle charges brought by the FTC that the manufacturer deceptively advertised weight loss benefits of GCBE.
Lindsey Duncan, through his companies Genesis Today, Inc. and Pure Health, LLC (the “defendants”), promoted GCBE on
UGC Update: Italian Regulators Address User-Generated Content Promotions
The power of user-generated content (“UGC”) as a promotional tool is ubiquitous and well understood; however, global marketers face challenges when trying to approach a campaign from an international perspective. A recent development concerning UGC contests in Italy has caught the attention of global marketers.
A UGC contest usually involves a promotional prize event where
OBA Principles Have Gone Native!
Last week, the Interest-Based Advertising Accountability Program (Accountability Program) released a compliance warning regarding the use of online-behavioral advertising (OBA) in conjunction with native advertisements. The compliance warning states that native advertisements tailored to a consumer based on the consumer’s browsing history (i.e., OBA) must comply with the Self-Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), just like any traditional-based advertisement utilizing OBA would. Enforcement of the compliance warning will begin January 1, 2015.
The Accountability Program was developed by leading industry associations in order to regulate online behavioral advertising across the Internet. The Program issues compliance warnings to provide guidance on how to comply with the OBA Principles. The two key pillars of the OBA Principles are transparency and consumer control. The transparency principle requires companies to ensure that consumers are aware when their data is being collected for OBA purposes. The consumer control principle requires companies to provide consumers with an easy-to-use mechanism to opt out of having their data collected.
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