The International Alliance for Responsible Drinking (IARD), which represents major global alcohol producers, partnered with leading advertising, public relations and influencer agencies to sign an Influencer Pledge that sets standards and rules for influencers who market alcohol on social channels. The Pledge is meant to prevent influencer alcohol marketing from reaching minors and to encourage influencers to promote responsible drinking. In addition to the Pledge, the companies created a set of five safeguards applicable to influencers that work with alcohol brands.
Continue Reading Joint Commitment: Alcohol Producers and Major Agencies Create Standards for Influencer Alcohol Marketing
Stacy K. Marcus
Score One for the Student Athletes: NCAA Adopts Interim Name, Image, Likeness Policy
The National Collegiate Athletic Association (NCAA) has officially adopted interim policy changes that will allow college athletes the opportunity to benefit from their name, image, and likeness (NIL). This change comes on the heels of NCAA v. Alston, discussed here, where the Supreme Court ruled 9-0 that the NCAA violated anti-trust laws when it limited education-related benefits a college or university could offer student athletes. We previously wrote about the NCAA’s adoption of a new rule allowing elite Olympic and Paralympic athletes to have “additional training expenses” paid without jeopardizing their NCAA eligibility. This new policy goes well beyond the NCAA’s previous rule.
Continue Reading Score One for the Student Athletes: NCAA Adopts Interim Name, Image, Likeness Policy
Are Virtual Branded Worlds the Future?
The COVID-19 pandemic has had immeasurable effects on consumers and how they engage with brands, with the elimination of in-person consumer interactions for nearly a year. As a result, some brands are taking consumers’ entrance into the metaverse one step further by developing virtual worlds that allow the consumer to engage with the brand in…
Restarting advertising production? New U.S. Department of Labor’s “joint employer” rule shutdown by NY federal judge
As we head into fall 2020, many advertising companies are beginning – if they have not already done so – to restart media shoots. Just as they did before the pandemic hit, media shoots raise a broad swath of questions on the employment law front. One of the principal issues in this regard is the…
Another NY Update: Legislators Pass Protection of Post-Mortem Right of Publicity
The New York State Legislature recently passed a bill that expands the State’s current laws to protect one’s right of publicity after death. Under current privacy laws in NY, permission is required to use a living individual’s name, voice, or likeness for commercial purposes (i.e., in advertising materials).
While the bill – which awaits signature…
Stay up to date on key advertising and marketing law issues and earn valuable CLE
To stay current on key advertising and marketing law issues and earn valuable CLE, we recommend registering for the ANA Law & Public Policy 1-Day Conference, taking place virtually on September 15, 2020 from 11:00 am to 4:00 pm. If you’re an ANA member client-side marketer, there is no charge for you to attend. …
The Latest Celebrity Lawsuits in the CBD and Cannabis Space
Two recent actions involving sellers and marketers of cannabidiol (CBD) and cannabis prove the “wellness” industry is not always so chill.
Clint Eastwood Sues CBD Companies over False Endorsements
In the first action, Clint Eastwood filed two lawsuits in federal court in Los Angeles against CBD companies and marketers, claiming the companies promoted false news…
The Impact of COVID-19 on Brand Advertising and Marketing
Authors: Stéphanie Abdesselam, Sal Aljurf, Jonathan Andrews, Erika Auger, Katy Basile, Keri Bruce, Sarah Bruno, DJ Cespedes, Darren Cohen, Aurélie Chorly, Christian Filippitsch, Laetitia Gaillard, Geert Goeteyn, Kim Gold, Jason Gordon, Michael Isselin, Daniel Kadar, Jin Woo Kim, Stacy Marcus…
2019 SAG-AFTRA Commercials Contracts MOAs Breathe New Life into Decades-Old Contract
The Joint Policy Committee, LLC (“JPC”) reached an agreement with the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) on the 2019 Commercials Contract and Audio Commercials Contract on April 2, 2019. The deal, led by Reed Smith partner and Chief Negotiator, Stacy Marcus, now moves into its next stages and will be…
Today’s Hot Topic: Public Service Announcements
From time to time it’s good to keep in mind specific network guidelines when producing public service announcements.
According to network standards, public service announcements (PSAs) are meant to inform the public of the work of charitable, governmental, and non-profit organizations and other services available to the public. Such announcements must reflect the true nature…