On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The proposal makes a number of changes to the Guides, which were first enacted in 1980 and later updated … Continue Reading
As anticipated by those watching this space, Hermès filed a lawsuit in New York federal court against Mason Rothschild, an individual who created a collection of non-fungible tokens (NFTs) called “MetaBirkins,” which depict fuzzy versions of the iconic Hermès Birkin bag. The complaint alleges that Rothschild advertises the MetaBirkins “using the Hermès Federally Registered Trademarks” … Continue Reading
The Fashion Sustainability and Social Accountability Act, a new New York Bill (the Bill), was introduced in October and was referred to a legislative committee on January 5, 2022. The goal of the Bill, which is sponsored by State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles, various fashion and sustainability nonprofits, and designer Stella … Continue Reading
In September 2020, nearly 50 models filed suit against Moda Operandi (“Moda”) and Condé Nast (the parent company to Vogue) alleging that Moda and Vogue used their images from runway shows for the purpose of selling merchandise on Moda’s platform without written consent or compensation to the models. Plaintiffs alleged that the use of their … Continue Reading
The International Alliance for Responsible Drinking (IARD), which represents major global alcohol producers, partnered with leading advertising, public relations and influencer agencies to sign an Influencer Pledge that sets standards and rules for influencers who market alcohol on social channels. The Pledge is meant to prevent influencer alcohol marketing from reaching minors and to encourage … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
John Feldman and Jason Gordon published an article in Law360 this week titled, “Compliance Challenges In Cos.’ COVID-19 Charity Marketing.” A copy of the article is available here. You may also view a PDF copy of the article here.… Continue Reading
This week, the International Olympic Committee announced that the upcoming Tokyo Games would be postponed until next summer due to the novel coronavirus, COVID-19. Even though the event will take place in the summer of 2021, the IOC announced that the event will still retain the name “Olympic and Paralympic Games Tokyo 2020”. By retaining … Continue Reading
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
On Tuesday, the FTC released a set of guidelines for online influencers dictating when and how influencers must disclose sponsorships to their followers. The guidelines, available here, break down disclosure requirements and provide tips for influencers on how to avoid deceptive advertising. In general, the guidelines largely reflect what the industry has gleaned from FTC … Continue Reading
The Joint Policy Committee, LLC (“JPC”) reached an agreement with the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) on the 2019 Commercials Contract and Audio Commercials Contract on April 2, 2019. The deal, led by Reed Smith partner and Chief Negotiator, Stacy Marcus, now moves into its next stages and will be … Continue Reading
Douglas Wood published an article for the Association of National Advertisers on January 2nd titled “Growth in 2019: A Legal Perspective.” In the article, Doug discusses how legal issues will affect brands and growth in years to come and provides an outlook on legal challenges marketers who care about growth need to keep in mind … Continue Reading
Jason Gordon and Andrew Levad published an article in Law360 this week titled, “6 Advertising Law Trends To Watch In 2019.” A copy of the article is available here. You may also view a PDF copy of the article here.… Continue Reading
