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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 … Continue Reading

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 … Continue Reading

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.  If … Continue Reading

New York Bill Gives Credit Card Holders 90 Days to Redeem Rewards

The New York Senate recently passed a bill that is expected to give New York residents a 90-day grace period to redeem credit card rewards after their account is changed, canceled, closed, or terminated. The bill will address issues where a cardholder’s account is closed without notice for inactivity, default, or delinquency – in such … Continue Reading

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 … Continue Reading

A Not-So-American Style: Williams-Sonoma to pay $1M to FTC Over Deceptive “Made in USA” Claims

The FTC recently approved a final consent order against home product and kitchen ware company, Williams-Sonoma, Inc. Under the order (available here), Williams-Sonoma is required to pay $1 million to the FTC in connection with charges that it made false, misleading, or unsubstantiated “Made in USA” claims. The FTC first announced its compliant in March … Continue Reading

Self-Serve TikTok for Small Businesses, Too

In the wake of COVID-19, businesses of all sizes continue to take stock of their spending practices, losses, ongoing threats, and opportunities for revival and growth.  Investment in marketing is ripe for such an evaluation, including advertising mix, production expenses, and return.  In June, 2020, the Interactive Advertising Bureau (IAB) reported that while overall spending … Continue Reading

The Fyre Festival Storm Continues: Kendall Jenner Settles Over Social Post

For those following the fallout from the Fyre Festival, the drama continues.  Last week, model and influencer Kendall Jenner settled a bankruptcy lawsuit for $90,000 relating to her promotion of the Festival. To refresh your memory, Fyre Festival was planned for spring 2017, advertised as a music and culinary paradise held on a private island … Continue Reading

ANA Trust Consortium release “Data Sources for Media: A Buyer’s Guide”

Advertisers spend a tremendous amount of money on third-party data to influence media buying decisions. Third-party data can come from many different sources, and multiple methodologies can be used in its collection, structuring, and marketing. This often makes it difficult for advertisers to understand exactly what they’re buying, leaving advertisers at a disadvantage and at … Continue Reading

LA Sues Seller of “Must-Have” Radish Paste that Falsely Claims to Prevent COVID-19

Last week, the Los Angeles City Attorney’s office filed a civil lawsuit against KNature Co., Inc. d/b/a Insan Healing, Inc. (Insan), a Los Angeles-based herbal remedy retailer, for attempting to pass off an untested radish paste as an immune-boosting, “must-have product for the protection and prevention” of COVID-19. The product is made from a combination … Continue Reading

The FTC Sends Additional Rounds of Warning Letters Over Health and Earnings Claims Related to Coronavirus

The Federal Trade Commission (“FTC”) announced it has issued twenty-one additional warning letters to marketers throughout the United States for making unsubstantiated claims that their products and therapies can treat or prevent coronavirus (COVID-19). Relatedly, the following day, the FTC announced it has issued ten warning letters to multi-level marketing companies (“MLMs”) to remove or … Continue Reading

April Warning Letter Showers: The FDA Issues Over Twenty Warning Letters to Companies Making Fraudulent Coronavirus Claims

Last month, the U.S. Food and Drug Administration (“FDA”) issued over twenty warning letters to companies located in both the United States and abroad for allegedly selling unapproved products that may violate federal law by making deceptive or scientifically unsupported claims about their ability to treat coronavirus (COVID-19). The companies subject to the FDA’s warning … Continue Reading

Webinar: Advertising and Litigation Risks for Food and Dietary Supplement Companies

Join Jason Gordon on Wednesday, May 13, 2020, for a live webinar hosted by the FDLI and titled, “Influencers, Social Media Advertising, and Litigation Risks for Food and Dietary Supplement Companies.” Food and dietary supplement companies are increasingly using influencers and social media to advertise their products. These marketing strategies are even more important during … Continue Reading

Fash-Shunned: Selena Gomez Sues Fashion App for $10 Million for Allegedly Using Her Name and Likeness Without Permission

This month, actress and singer Selena Gomez filed a lawsuit in California state court against the makers of a fashion smartphone game for allegedly using her name and likeness without permission. According to the complaint, Gomez claims that the makers of the “Clothes Forever – Styling Game” app, which lets players dress celebrity avatars, “blatantly … Continue Reading

FTC Sends More Warning Letters to Companies Selling Fraudulent Products that Claim to Treat or Prevent the Coronavirus

The Federal Trade Commission (“FTC”) announced it has issued ten additional warning letters to companies located in both the United States and abroad for allegedly selling unapproved products that may violate federal law by making deceptive or scientifically unsupported claims about their ability to treat coronavirus (COVID-19). The companies advertise products including a bundle of … Continue Reading

Keeping Up with Copyright: Kendall Jenner Sued for Infringement over Instagram Video

Last month, Kendall Jenner was sued for copyright infringement by a woman who claims Jenner posted her copyrighted video on Instagram without permission. The video shows Jenner walking out of a New York City building – waving and smiling at the camera and a group of fans and paparazzi gathered nearby. According to the complaint, … Continue Reading

FTC Sends Warning Letters to VOIP Companies Over COVID-19 Robocalls

The Federal Trade Commission (“FTC”) issued warning letters to nine Voice over Internet Protocol (“VoIP”) service providers to warn them that “assisting and facilitating” illegal telemarketing or robocalls related to the COVID-19 pandemic is strictly against the law. The FTC’s letters claimed that the VoIP service providers were using practices that “prey upon consumer fear … Continue Reading

COVID-19 Legal Impact on Brand Advertising and Marketing

The unprecedented disruption caused by the novel Coronavirus (COVID-19) pandemic has created challenges for brands. Temporary and perhaps permanent changes to advertising and marketing strategies and executions have occurred and will continue to impact brands. On Tuesday, March 31, 2020, Douglas Wood and Keri Bruce, partners at Reed Smith LLP, the ANA’s General Counsel and … Continue Reading

Trademark applications for COVID-19 and CORONAVIRUS surge at the USPTO

The U.S. Patent and Trademark Office is no stranger to receiving a flood of trademark applications following a news or pop culture event: from President Trump’s accidental tweet of “Covfefe” to the creation of the slogan “Boston Strong” following the 2013 Boston Marathon bombings, trademark applicants often try and capitalize on these events in order to … Continue Reading

FTC Settles With Tea Maker for Inadequate Disclosures and Unsubstantiated Claims

The FTC recently settled with Teami, LLC (“Teami”), an indication that the Agency is still actively reviewing health claims and monitoring social media influencers for proper disclosures.  Teami allegedly brought in over $15 million through its deceptive marketing tactics, but given the company’s financial condition, the FTC agreed to partially suspend its $15.2 million judgment … Continue Reading

Pain Relief Device Marketers Settle with FTC for $4 Million

The Federal Trade Commission (“FTC”) announced its settlement with NeuroMetrix, Inc. over allegations that the company made deceptive claims that its nerve stimulation device called Quell, which is to be worn just below the knee, treats pain throughout the body and is clinically proven and cleared by the Food and Drug Administration (“FDA”) to do … Continue Reading

FDA and FTC Send Warning Letter to Companies Selling Fraudulent Products that Claim to Treat or Prevent the Coronavirus

The U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) issued warning letters to seven companies allegedly selling unapproved products that may violate federal law by making deceptive or scientifically unsupported claims about their ability to treat coronavirus (COVID-19). The companies advertise products including essential oils, teas, colloidal silver, and tinctures, which … Continue Reading
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