Archives: Industry

Subscribe to Industry RSS Feed

Facebook Demolishes Housing Ad Discrimination Suit

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 … Continue Reading

Mexico leads media transparency efforts with new law

On April 30, 2021, the Mexican Chamber of Senators and Deputies passed a new law on “Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting.” The law seeks to eliminate and prosecute non-transparent media practices between advertisers, media owners, and agencies. The law will go into effect on September 1, 2021. The new law … Continue Reading

Sweet Victory: Ninth Circuit Affirms Dismissal of Trader Joe’s Honey False Ad Suit

The Ninth Circuit affirmed the dismissal of a class-action lawsuit that alleged Trader Joe’s Manuka Honey product labeling was misleading. Trader Joe’s marketed its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey.” Plaintiffs claimed that these labels were misleading because the honey only consisted of between 57.3% and … Continue Reading

So Fresh and So Clean: Wet Ones Wipes Suit Dismissed

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 … Continue Reading

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 … Continue Reading

Maryland Legalizes Sports Betting and College Athletes’ Image Ownership

In May 2020, Maryland made two major moves in the sports world: it legalized sports betting and passed a law allowing college athletes to profit from their names, images, and likeness. HB 940 legalizes sports betting and provides a framework for the industry to operate. It allows for in-person betting, including at major Maryland sports … Continue Reading

Register today! Join us for a CLE webinar “Evolving Roles for Self-Regulation of Medical Devices and Health Services”

This CLE webinar offers a unique, inside look at how BBB National Programs’ National Advertising Division (NAD) evaluates medical devices and other health-related products and services. Our panelists will engage in a lively discussion of recent enforcement trends and challenges for manufacturers, and how companies can effectively use the NAD framework to their advantage. In … Continue Reading

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 … Continue Reading

FTC Seeks Monetary Penalties for Deceptive Marketing of COVID-19 Treatments in First Action under the COVID-19 Consumer Protection Act

Last week, the Department of Justice (“DOJ”) together with the Federal Trade Commission (“FTC”) announced a new civil lawsuit filed against St. Louis-based chiropractor Eric Anthony Nepute and his company, Quickwork LLC, alleging that they deceptively marketed products containing vitamin D and zinc as scientifically proven to treat or prevent COVID-19. This is the first … Continue Reading

ANA Law & Public Policy Conference, Hosted by Reed Smith – The Future is Now

The ANA’s Law & Public Policy 1-Day Conference returns virtually to examine the ways in-house counsel can help their marketing teams “future proof” their advertising and marketing programs. From a deep dive into the new administration’s policies to cutting edge discussions on privacy, measurement, transparency, brand safety, and more, this is a must-attend conference for … Continue Reading

“Ignite”-ing another Photo Copyright Case

On April 12, 2021, Florida-based creative agency, Creative Klick Agency LLC, filed a lawsuit in the Southern District of Florida against Dan Bilzerian and his spirits company, Ignite Spirits Inc. and related companies. Creative Klick alleged that the spirits brand used its photos on various social media accounts, including those belonging to Bilzerian, and on … Continue Reading

FCC issues reminder to broadcasters on sponsorship IDs

Earlier this month, the Federal Communications Commission (FCC) issued an enforcement advisory to remind broadcasters of their sponsorship obligations. What is the Sponsorship Identification Rule? Under section 317 of the Communications Act of 1934 (the Sponsorship Identification Rule), when a broadcast station transmits any matter for which money, a service, or other valuable consideration is … Continue Reading

FTC Drops A $31 Million Hammer On Live Event Ticket Brokers In First Ever BOTS Act Enforcement Case

The illusive secondary market for tickets to live events from concerts and theater performances to sporting events may be experiencing a new step towards reform. The Federal Trade Commission took legal action against three New York-based ticket brokers and an officer of each entity for violating the Better Online Ticket Sales (“BOTS”) Act. In 2016, … Continue Reading

FTC Issues Largest Ever Judgment Over Made In The USA Claims

Last week, the Federal Trade Commission issued a $1.2 Million judgment against glue maker, Chemence. Chemence is the manufacturer of various glues. The judgment originates from the production and manufacturing of various glue products with pre-packaged and pre-labeled Made in the USA claims. Additionally, the FTC alleged that Chemence represented to third parties that their … Continue Reading

Twitter Announces, “Fleets”

On November 17, 2020, Twitter introduced Fleets, “a new way to join the conversation.”  Fleets are “fleeting” tweets; ones that disappear from an account after 24 hours.  According to Twitter’s blog, the impetus behind the product iteration is that users feel that posting permanent Tweets presents too much social pressure.  Users can “Fleet” various media, … Continue Reading

Supermodel Sues for Alleged Unauthorized Use of Her Likeness

On November 16, 2020, supermodel Anastassia Khozissova filed a $20 million lawsuit in the New York state court against Ralph Lauren Corp. (“Ralph Lauren”) and HBO for their alleged unauthorized use of her likeness. Ms. Khozissova has been featured in campaigns and runway shows for numerous luxury brands, including Ralph Lauren. The model once shared … Continue Reading

Trump International Hotel Faces BIPA Class Action Lawsuit

Late last month, the Trump International Hotel in Chicago became the latest target hit with a class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA). Gianni Bartucci alleges he and other employees of the luxury downtown Chicago hotel were required to scan their handprints and/or fingerprints each time they clocked in and clock … Continue Reading

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
LexBlog