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Giveaways serve as effective tools for influencers and celebrities to boost their visibility, engage with fans and expand their follower base. But for those following the recent giveaway that sparked mayhem in the streets of New York City (NYC), it is evident that preparation prior to live-event prize promotions is critical.

So, how did an innocent giveaway intended to show appreciation to fans trigger a level 4 disaster response from the New York Police Department (NYPD)?

A popular live-streamer with a collective social media following of over 20 million took to social media to announce he will be giving away free PlayStation 5 consoles, gift cards and other items in NYC’s Union Square Park at 4 p.m. on Aug. 5. By 1 p.m., crowds had already started gathering at Union Square Park. The NYPD soon became aware of the giveaway, but by 3 p.m., more than 2,000 individuals had already gathered at Union Square Park. Despite the efforts of roughly 1000 police officers, chaos nonetheless erupted. The ensuing chaos saw people climbing atop vehicles and subway stations, obstructing traffic, setting off fireworks and even engaging in violent behavior. The situation escalated further, culminating in clashes between attendees – many of whom were teenagers – and the NYPD. By 5:30 p.m., the event ended with injuries to police officers and civilians and resulted in dozens of arrests. The streamer was ultimately arrested and charged with felony first-degree rioting, as well as a misdemeanor for inciting a riot and unlawful assembly.

This incident serves as a stark reminder that orchestrating live-event prize promotions requires a comprehensive assessment of potential risks and the implementation of responsible planning and coordination with relevant authorities. If done carelessly, a giveaway’s sponsor can be subject to civil and criminal liability.Continue Reading Giveaway promotion oversight: What could possibly go wrong?

On April 13, 2023, the Federal Trade Commission (FTC) used its penalty offense authority to issue Notices to approximately 670 advertisers, warning that the FTC will not hesitate to use its authority to target those who cannot substantiate their claims, with large civil penalties of up to $50,120 per violation.  The Notice does not suggest…

A proposed amendment to California’s Civil and Government Codes would limit the recovery of statutory damages in connection with certain digital accessibility claims, while also requiring certain government agencies to educate covered entities on their obligations to make their websites and mobile apps accessible under California law.

The accessibility amendments are proposed in Assembly Bill…

A federal appeals court has agreed to put on hold a Texas social media law, HB 20, that restricts content moderation actions on social media platforms. The Fifth U.S. Circuit Court of Appeals announced that it was granting a September request from social media platforms to block enforcement of the law as trade associations appeal…

On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The proposal makes a number of changes to the Guides, which were first enacted in 1980 and later updated…

As anticipated by those watching this space, Hermès filed a lawsuit in New York federal court against Mason Rothschild, an individual who created a collection of non-fungible tokens (NFTs) called “MetaBirkins,” which depict fuzzy versions of the iconic Hermès Birkin bag. The complaint alleges that Rothschild advertises the MetaBirkins “using the Hermès Federally Registered Trademarks”…

The Fashion Sustainability and Social Accountability Act, a new New York Bill (the Bill), was introduced in October and was referred to a legislative committee on January 5, 2022. The goal of the Bill, which is sponsored by State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles, various fashion and sustainability nonprofits, and designer Stella McCartney, is to effectively address the environmental and social impact of large fashion companies and make them more accountable. If passed, the Bill would require any apparel or footwear companies doing business in New York with more than $100 million in annual global revenues to map out at least 50 percent of their supply chains, demonstrate where in the supply chains the companies have the greatest social and environmental impact, and set targets to reduce those impacts. “Doing Business” is broadly defined in the bill as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.”Continue Reading 2022 fashion trend: New York fashion legislation addressing environmental sustainability and social accountability

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

The Northern District of California has dismissed for the third and final time a proposed discrimination class action against Facebook that challenged Facebook’s former tool that allowed advertisers to select target audiences for their housing advertisements in violation of the federal Fair Housing Act. Plaintiffs alleged that this tool could exclude protected classes of consumers from seeing certain advertisers’ housing ads. Facebook moved to dismiss, arguing that plaintiffs lacked standing and its publishing conduct was protected under Section 230 of the Communications Decency Act.
Continue Reading Facebook Demolishes Housing Ad Discrimination Suit

On June 7, 2021, the Southern District of California dismissed a case against Edgewell Personal Care, Co., alleging that defendants’ label on its “Wet Ones” antibacterial hand wipes was false and deceptive. Plaintiff brought a putative class action against defendants for making misleading representations about the efficacy and skin safety of its hand wipes. The suit was filed under the California Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and Consumer Legal Remedies Act (“CLRA”).
Continue Reading So Fresh and So Clean: Wet Ones Wipes Suit Dismissed