The advertising industry’s self-regulatory arm, the National Advertising Division (“NAD”), recently reviewed certain advertising messages made by Vapore, LLC. In both television and internet advertising, Vapore claimed that its “MyPurMist” handheld steam inhaler had “more 5-star reviews than any other steam inhaler.” In connection with the 5-star review message, Vapore focused on certain attributes of … Continue Reading
The Online Internet-Based Advertising Accountability Program recently released decisions regarding popular app publishers’ compliance with the Digital Advertising Alliance Self-Regulatory Principles. These inaugural decisions are a significant step toward ensuring appropriate data protections exist in the context of mobile advertising. To learn more about these decisions and how they may impact the mobile advertising space, … Continue Reading
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.… Continue Reading
The countdown is underway to the deadline when the digital marketing ecosystem needs to be in compliance with the Digital Advertising Alliance guidelines for Online Behavioral Advertising. Failure to comply may expose brands and companies to actions by the Online Interest-Based Advertising Accountability Program and potentially negative press releases.… Continue Reading
In its first ever compliance warning, the Online Interest-Based Advertising Accountability Program Council ("Accountability Program") noted that many website operators are omitting notices of data collection for online behavioral advertising ("OBA") on their websites where third parties, such as ad networks, are not able to provide notice without the website operator's assistance. Such notices are required under the Self-Regulatory Principles for Online Behavioral Advertising ("OBA Principles").
In an effort to encourage compliance, the Council has delayed enforcement against first parties that fail to provide the required enhanced notice beginning until January 1, 2014.… Continue Reading
The Digital Advertising Alliance (DAA), the self-regulatory program for online behavioral advertising (OBA), was busy last week, releasing four formal review decisions.
The cases discussed below highlight DAA's commitment to spreading consumer awareness about OBA, educating consumers on OBA activities, and providing consumers with options regarding the collection of their data. The cases were initiated by DAA itself, and not by competitors or consumers. OBA activity is a relatively unregulated area, and consumer protection authorities have largely relied on businesses self-regulating to protect consumers. To avoid heavier regulation, it is important that businesses make concerted efforts to be aware of and comply with DAA's Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).… Continue Reading
The Digital Advertising Alliance ("DAA"), a self-regulatory group that represents marketing and media organizations, released new guidance this week for advertisers in the mobile space. Entitled "Application of Self-Regulatory Principles to the Mobile Environment," the guidance builds on well-known principles such as notice (or transparency) and choice (or control), and tailors them to the unique challenges that face the mobile environment.… Continue Reading
Kim Kardashian is notorious for setting Twitter trends with her fashion-forward tweets. But would a consumer buy the same product knowing she was paid up to $20,000 for tweeting it?
The term "native advertising" refers to when an advertiser masks ads as editorial content in an effort to market more seamlessly to consumers. The intent behind this practice is to make advertisements less intrusive and to associate a brand with an experience.… Continue Reading
CARU's West Coast Conference 2013 is scheduled for April 10 at the Beverly Hills Hilton, and once again promises to be a not-to-be-missed event. Confirmed speakers include Mamie Kresses, Federal Trade Commission; Katie Ratte, The Walt Disney Company; Jeannette Neumann, Mattel; Cynthia Nishimoto, Bandai; Stevan Levy, Kabillion; and Ryan Shadrick Wilson, The Partnership for a Healthier America. CARU believes if there is one conference to attend this year, this is the one, particularly in view of the impending COPPA modifications. CARU will devote a panel to the COPPA changes and will have detailed, lively discussions about the impact to the industry at-large. Indeed, rather than just a panel discussion, CARU hopes it will be more of a training session to prepare advertisers and website operators for the changes. Additionally, panelists will examine domestic and global challenges to self-regulation in the areas of social media, mobile marketing, sweepstakes, and food and beverage advertising.… Continue Reading
This post was also written by Christine Nielsen. Yielding to pressure from advertisers, ad agencies, the media, consumers, and, perhaps, the FTC, Facebook has agreed to place The Digital Advertising Alliance’s (DAA) “AdChoices” logo on ads served on its site via its FBX ad exchange. The move makes Facebook more accountable for educating users about online … Continue Reading
No need to fret over Thanksgiving! The Federal Trade Commission has extended until December 23, 2011, the deadline for the public to submit comments on proposed amendments to the Children’s Online Privacy Protection Rule. That’s good news because the revisions are significant and include the demise of the flexible "sliding scale" approach that permitted operators … Continue Reading
After a swift left to the chin in early September from the Republican-controlled House Energy and Commerce Committee Chair, Rep. Fred Upton, David Vladeck, the FTC Director of the Bureau of Consumer Protection, testified before the Subcommittee on Commerce, Manufacturing, and Trade, and the Subcommittee on Health, October 12, 2011, discussing the International Working Group … Continue Reading
From the proposed changes to COPPA to the latest developments in the area of self-regulation of food marketing to children, the CARU conference to be held Wednesday, October 5, 2011 in New York City will be one of the best places not only to learn the details but also to interact with leaders in the … Continue Reading
The Federal Trade Commission issued an advisory opinion letter this week saying that it has no present intention to challenge the Council of Better Business Bureaus’ accountability self regulatory program for companies engaged in online behavioral advertising. The program is designed to foster compliance with the Self-Regulatory Principles for Online Behavioral Advertising, which were released by … Continue Reading
FTC Commissioner Julie Brill stated today that “there may be a tipping point” at which self-regulatory privacy initiatives “turn anticompetitive, particularly in cases where the mechanisms are developed by a trade association or industry players that have a dominant market position.” A self-regulatory privacy proposal could raise “competition concerns,” she said, if it “disadvantages competitors … Continue Reading
As President Obama visited Ireland and England this week enroute to the G8 meeting in France, much was said about the “special relationship” between the United States and England. Coincidentally, I happened to be in our London office participating in one of the firm’s Consumer Goods and Brands Group Breakfast Seminar Series. The topic was … Continue Reading
This post was written by John P. Feldman and Michael L. Sacks. The Interagency Working Group of Food Marketed to Children (“Working Group”) today has requested comments on proposed nutritional principles that it hopes will help in the fight against childhood obesity. The Working Group, established in 2009 by the FTC, FDA, CDC, and USDA at … Continue Reading
The role of self-regulation is partially educational. Wayne Keeley’s CARU has demonstrated once again why the self-regulatory body he heads up is relevant and focused on ensuring that the educational mission is not lost in the day-to-day cases they hear. CARU has produced a Public Service Campaign entitled “Do You Know Where Your Children Are…On … Continue Reading
This post was written by Edgar Hidalgo. The online behavioral advertising sector received a rude awakening at the end of 2010 from unsatisfied federal regulators. Both the Federal Trade Commission and the Department of Commerce published reports espousing increased regulation of online behavioral advertising – the former report encouraging Congress to consider a “Do Not Track” … Continue Reading
Completely free-range pork? Pigs might fly, according to the ASA. Waitrose is the only major supermarket never to have its advertising fall foul of the Advertising Codes until its recent high-profile celebrity-endorsed advertising campaign which has been dealt a rather embarrassing blow. The £10m campaign fronted by Delia Smith and Heston Blumenthal, aims to reinforce Waitrose’s brand image as … Continue Reading
Dear Corporate Partners, As the Internet and the advertising practices that increasingly support online content continue to evolve, a group of the nation’s largest media and marketing trade associations in conjunction with the Council of Better Business Bureaus (CBBB) have been working to develop enhanced industry self-regulation in ways that will foster transparency, knowledge and … Continue Reading
A Virgin Holidays poster advertising their “Travel Guru Services” was recently found by the ASA to be in breach of the CAP Code in relation to alcohol used in advertising. The ad depicts four rockstars in a jacuzzi full of champagne, with various bottles and glasses surrounding them and a female Virgin Holidays employee pouring … Continue Reading
Advertisers have been given the green light to continue to use the name of products they give away as prizes in promotions, without needing the permission of the brand/product owner, following a recent controversial adjudication by the ASA. The ASA disagreed and found in favour of Bodyform in all respects. Clauses 7.1 (Truthfulness),14.7 (Testimonials and … Continue Reading
In the same week that the Pope visited the UK, the ASA banned an ad it deemed could be offensive to some Roman Catholics. The ad, for Antonio Federici ice-cream, which ran in Grazia and The Lady magazines earlier this year, featured an obviously pregnant nun eating Antonio Federici ice-cream alongside the words “Immaculately conceived”. The strap … Continue Reading