Information, news and updates on legal and regulatory activities pertaining to advertising and marketing around the globe
Last week, the Federal Trade Commission (“FTC”) announced it is seeking public comment on the effectiveness of amendments made by the agency in 2013 to the Children’s Online Privacy Protection (“COPPA”) Rule, and whether additional changes are needed. In connection with this initiative, the FTC will hold a public workshop on October 7, 2019.
COPPA…
Apparently even the Food and Drug Administration (FDA) is on board with ‘90s nostalgia. This week, the agency effectively rebooted the nearly 20-year-old debate on whether alternative milk and plant-based drink products should fall within the definition of “milk”.
The FDA governs the proper labeling of foods, including ensuring that foods conform to a certain…
Please join us on Tuesday, May 8th, 2018 at 1:00 pm eastern for a webinar providing an overview of TCPA exposure risks in telemarketing, including the risks for calls and SMS using an Automatic Telephone Dialing System (ATDS) and what previously constituted an ATDS under FCC guidance. It will also cover the recent D.C. Circuit…
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…
An interview with Utah Attorney General Sean Reyes written by Divonne Smoyer and Kimberly Chow was featured in the IAPP Privacy Advisory on what to expect from states in 2018. To view it please click here.
Last week, Laura Brett was named director of the National Advertising Division of the Advertising Self-Regulatory Council (“NAD”). Laura Brett joined the NAD in 2012, and is widely viewed as an excellent choice to maintain continuity with former director Andrea Levine. Laura speaks frequently at advertising conferences about the role of the NAD in the…
You can still get your quarter ham “STARTING AT $23.99” from Honey Baked Ham, Inc. according to the California Court of Appeal in its unpublished decision on November 8, 2016. The Court of Appeal affirmed a trial court’s judgment that Honey Baked Ham, Inc. did not engage in unfair competition or in false or deceptive…
The Federal Trade Commission has approved a final Decision and Order settling a dispute with pet food producer Mars Petcare US, Inc. (“Mars”) related to advertisements for Mars’ Eukanuba brand dog food. The settlement arose from an FTC investigation into a number of television, print, and internet advertisements released by Mars in 2015 stating that…
Quietly, the Federal Trade Commission staff published a summary of the workshop it convened on September 15, 2016 (“Putting Disclosures to the Test”). The summary goes into detail and generally presents an accurate and objective recounting of the full-day workshop.
Understanding how the Commission thinks about disclosures is critical because the FTC’s Enforcement Policy on…
On October 4, 2016, a federal court dismissed a putative class action against Valve Corporation (“Valve”) regarding its popular eSports game, Counter Strike Global Offensive (“CS:GO”). Specifically, the class claimed Valve violated a host of state laws and the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”).
In their complaint, the plaintiffs alleged that Valve’s…
