Tag Archives: Advertising

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

Expected changes to COPPA: bipartisan proposals and the FTC review

With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop, foreshadows expanded COPPA protections, especially for teenagers between 13 and 15 years of age. To … Continue Reading

NAI Issues New Guidance on Consumer Opt-In Consent for Sharing of “Sensitive” Data

The self-regulatory group, Network Advertising Initiative (“NAI”), has issued new guidance, in which it mandates that its members obtain opt-in consent from consumers before collecting or using “sensitive” data for ad delivery and reporting, as well as for ad targeting. Specifically, the guidance states that a member must obtain a user’s opt-in consent for the … Continue Reading

NAD Announces Updated Filing Fees for 2020

This week, the National Advertising Division of the Better Business Bureau (“NAD”), the investigative unit of the advertising industry’s system of self-regulation, announced changes to its filing fees that will take effect on January 1, 2020. The following price structure will apply to bring a challenge: Under $250M – $10,000 (New Category) National Partner – $25,000 Under … Continue Reading

Reed Smith to Lead the ANA’s newly formed, Trust Consortium

On March 19, 2019 the Association of National Advertisers (ANA) launched the Trust Consortium. A copy of the press release can be found here. The ANA Trust Consortium is an alliance among ANA members and their partners and a voice for brands on transparency, measurement, auditing, digital fraud, brand safety, and more through ongoing reporting … Continue Reading

Denver Club “Stripped” Carmen Electra and Others of Compensation, Suit Says

Carmen Electra, joined by models Dessie Mitcheson and Lucy Pinder, sued a Colorado strip club over the club’s allegedly unauthorized use of its photographs on its website and social media in late January of this year. The aggrieved trio claims that the Denver club “Shotgun Willie’s” posted photos of the models in online advertisements for … Continue Reading

“Fiji Water Girl” Made Waves But Got Soaked, Alleges New Lawsuit

Model and meme icon Kelleth Cuthbert (real name Kelly Steinbach) became an overnight sensation as “Fiji Water Girl” after photobombing celebrities on the Golden Globes red carpet in January. Now, she is seeking to recover against Fiji Water Company and its parent company, The Wonderful Company, for allegedly misappropriating her likeness and violating her right … Continue Reading

Litigation in the Forecast for Weather Channel App

On January 3, the city of Los Angeles accused TWC Product and Technology, LLC (“TWC”) (an International Business Machines Corporation subsidiary) of violating millions of American consumers’ privacy. In the civil lawsuit, Los Angeles City Attorney Michael Feuer alleged TWC misled users of its Weather Channel app to turn on precise location tracking by suggesting, … Continue Reading

Washington D.C. Proposes Auto-Renewal Bill

Washington D.C. is seeking to impose new burdens on businesses offering goods and services with automatic renewal provisions. The bill was submitted to the Mayor’s office, and we expect a response around January 14, 2019. If passed, the bill would require businesses to disclose the automatic renewal provisions and cancellation procedure in contracts with consumers. … Continue Reading

New SCOTUS Case Could Sharpen FCC’s Teeth in the Courtroom

Earlier this month the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., the resolution of which will impact the judiciary’s power to interpret agency rules. The facts underlying case appear unremarkable on their face; a health information service and publisher sent a single fax to a chiropractor’s office in … Continue Reading

Feds Investigate Ad Agency Media Buying Practices

According to the Wall Street Journal, federal prosecutors in Manhattan have opened an investigation into media-buying practices in the advertising industry, and have begun to issue subpoenas.  The investigation will reportedly look at, among other things, alleged non-transparent practices, including whether advertising agencies received rebates from media outlets.  The investigation comes after the 2016 report on media transparency conducted by … Continue Reading

FTC Targets Risky “Free” Trials and Negative Option Plans in Complaint Against Marketers

The Federal Trade Commission (FTC) has been granted a temporary restraining order barring several online marketers from engaging in allegedly deceptive sales practices in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA). The FTC’s complaint against Triangle Media Corporation, Jasper Rain Marketing LLC, Hardwire Interactive Inc., and Brian Phillips, the … Continue Reading

Telomere Biology Company Reaches Settlement with FTC over Deceptive Advertising Claims and Endorsements

The Federal Trade Commission (“FTC”) approved a final consent order against Telomerase Activation Sciences, Inc. and Noel Patton (collectively, “TA Sciences”) following allegations that TA Sciences made certain substantiated claims regarding its supplement and topical serum products.  FTC alleged that TA Sciences lacked sufficient evidence to support its health-benefit claims, including claims that its products … Continue Reading

ANA Urges Marketers to Help Fight California Data Privacy Measure

The Association of National Advertisers (ANA) is working with the California Chamber of Commerce and a broad range of companies and industry groups to oppose a California ballot initiative that would drastically change how consumer information is collected and shared. The California Consumer Privacy Act of 2018 would apply to almost every company that conducts … Continue Reading

The Chain Gang – FTC’s New Blockchain Working Group May be Good News for Marketers

One of the greatest developments for marketers in 2018 is likely to be the proliferation of new and innovative applications on the blockchain in the context of marketing and promotion, particularly in connection with loyalty programs, ad fraud mitigation, and ongoing CRM activities that combine brand affinity and peer-to-peer influencing.  The potential magnitude of the … Continue Reading

Don’t Have a Cow! Court Dismisses GMO Labelling Suit Against Dannon

Last month, a New York federal judge dismissed a proposed class action that alleged Dannon Company, Inc. unlawfully labelled its yogurt products as “natural” when in fact the cows that produced the milk that produced the yogurt may have eaten feed made from corn that was genetically modified or were raised using hormones or antibiotics. … Continue Reading

Kentucky Fried Justice: Court Dismisses KFC Bucket Dispute

A New York District Court dismissed the complaint of Anna Wurtzburger against fast food staple KFC over the size of KFC’s $20 “fill up” bucket. Wurtzburger alleged she purchased KFC’s “fill up” bucket meal advertised as consisting of “an eight piece bucket of chicken,” relying on the advertisement’s depiction of a bucket that may have … Continue Reading

Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”

Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful.  However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed earlier this month in the Eastern District of Texas.  Nana Joe’s makes vegan and gluten free granola products, and has branded … Continue Reading

Montel Williams Aims Pot Shot at Cannabis Trademark Infringers

Talk show host and cannabis mogul Montel Williams recently filed suit against multiple medical marijuana retailers under the Lanham Act and Florida state law for trademark infringement, false advertising, violations of the right to publicity and right to privacy, and unfair business practices. Williams markets a line of medical-grade cannabidiol, or CBD, oils for use … Continue Reading

“Local” is a Claim Requiring Substantiation in False Advertising Action

U.S. District Court in Utah decided an interesting case involving whether an advertiser can use the word “local” in Bimbo Bakeries USA, Inc. v. Leland Sycamore et al.  Defendant Leland Sycamore had invented the trade secret process and formula for making “Grandma Sycamore’s Home-Maid Bread.”  After securing trademark registration for the bread packaging design, Leland … Continue Reading
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