Recently the Advertising Standards Authority for Ireland (“ASA”) issued a decision regarding paid influencers’ use of post-production techniques (such as in-camera filters or Photoshop) that embellish an advertised product’s effectiveness or appearance (with or without the intention to do so). The decision has broad reach to domestic advertisers, as it highlights certain tenets of U.S. … Continue Reading
Join Jamie Rubin for the 2017 ANA/BAA Marketing Law Conference, November 13-15, 2017 at the Marriott Chicago Downtown Mag Mile. Mr. Rubin will moderate a panel titled Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising. Hear about how the Media Rating Council (MRC) measures and audits online ads, the 3MS initiative started … Continue Reading
What Have Retailers Been “Up To” In New Jersey? The last few years have been quite interesting for retailers, with a number of different pricing and advertising related legal issues coming to the forefront. Recently, another new front in this battle opened in New Jersey where a national clothing retailer became the subject of a … Continue Reading
2017 is starting to look like the year of DIY content creation and distribution. Companies are becoming their own studios and broadcasters at a seemingly record pace. If your organization doesn’t already have its own channel or stream, there’s a good chance someone is at least considering making it happen. We work hand in hand … Continue Reading
The FTC started 2015 by showing its continued attention to advertising concerning kids and testimonial issues, as well as an advertiser’s purchase of search terms. In a recent case brought against a manufacturer of children’s supplements, the FTC had concerns about its advertising claims, use of testimonials, and lack of disclosures, as well as its … Continue Reading
At the end of September, thirteen leading beer, wine and spirits producers published the Digital Guiding Principles (DGPs) as part of their global commitment to reducing harmful drinking. These are self-regulatory guidelines — they are not law, although some of the principles track legal requirements in the U.S. Moreover, these principles do not replace any other guidelines … Continue Reading
Last week, Facebook, Inc. (“Facebook”) announced a major upcoming change, effective November 5, 2014, to its Platform Policies that will affect the vast majority of promotions run on the platform. The announcement introduces a significant restriction on use of the “Like” functionality in connection with promotions (including sweepstakes and contests). Facebook stated its intention is … Continue Reading
In a case of first impression, the National Advertising Division (NAD) recently issued a decision concerning substantiation for consumer preference claims that should put advertisers on alert. In, Euro-Pro Operating, LLC, Shark-brand Vacuum Cleaners, NAD Case Reports #5717 (May 29, 2014), the NAD reviewed an advertising claim Euro-Pro made for its Shark-branded vacuum cleaners in … Continue Reading
Last month, actress Katherin Heigl sued pharmacy chain Duane Reade for, among other things, violating her right of publicity. (See our previous coverage on the right of publicity here and here.) The suit arises out of Duane Reade’s statements about and use of a photograph of Ms. Heigl holding its shopping bags via Twitter and … Continue Reading
The Children’s Advertising Review Unit of the Council of Better Business Bureaus (CARU) routinely monitors advertising to children. Through those monitoring efforts, CARU brings challenges against advertisers for alleged non-compliance with its Self-Regulatory Program for Children’s Advertising and the Children’s Online Privacy Protection Act (COPPA). In a recent case published on March 10, 2014, CARU … Continue Reading
Recently, a publisher’s article about its own branded products was caught in the headlights of a decision by the National Advertising Division (NAD). An article in Shape magazine discussed the health benefits of staying hydrated and described attributes of Shape-branded products called “Shape Water Boosters.” NAD, a division of the Advertising Self-Regulatory Council administered by … Continue Reading
The act of using editorial content for promotional and marketing purposes, or what has come to be known as “native advertising,” is a burgeoning and profitable area of advertising. And not surprisingly, the practice has caught the eye of regulators as a potentially deceptive trade practice. In recent weeks, the National Advertising Division (NAD), a … Continue Reading
Last week, New York’s Attorney General’s Office announced that it had entered into settlements with nineteen companies, totaling more than $350,000 in fines, based on those companies’ involvement in producing fake online reviews for businesses around the state. Though the conduct at issue in this case appears particularly egregious, the settlements serve as an important … Continue Reading
For years, the generally accepted principle at the Federal Trade Commission (“FTC”), the Better Business Bureau (“BBB”) and the National Advertising Division (“NAD”) has been that an “Up To Claim” (i.e. ‘save up to 50%’ or ‘experience up to a 50% difference’) is substantiated if approximately ten percent of consumers actually experience the touted results. … Continue Reading
Ben Stein contributed to this post. Earlier this week, Boston’s KISS FM canceled its “Taylor Swift’s Biggest Fan” contest after trolling users of the 4chan and Reddit online forums catapulted a participant to the winning spot. This and other recent promotions that have been similarly compromised serve as a reminder of the importance of having … Continue Reading
In a recent case brought by Discover Financial Services LLC (Discover) against Chase Bank USA LLC (Chase), the National Advertising Division (NAD) recommended that Chase discontinue or modify certain advertising claims relating to cash back offerings under the Chase Freedom credit card. (Chase Bank USA, N.A. (Chase Freedom Reward Card), NAD Report No. 5555 (Feb. … Continue Reading
“Our company will support the Charity.” “A percentage of proceeds go to cancer research.” “With every purchase, a donation goes to Charity.” Stating or implying that a purchase or other action by a consumer will benefit a charity or charitable purpose is appealing to attract consumers’ attention, but this type of messaging needs special attention … Continue Reading
In a recent decision, the National Advertising Division (“NAD”) found that consumer “pins” on the “virtual bulletin board” site, Pinterest.com (“Pinterest”), are subject to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonial Guidelines”). Pinterest allows consumers to tag images to themed, virtual bulletin boards for other users of the Pinterest site to … Continue Reading
Google+ just opened itself up for businesses and now allows entities to set up company Google+ pages. With this launch, Google announced a number of policies dictating what page owners can and cannot do on their Google+ page, including its “Contest and Promotion Policies.” These new policies outright prohibit anyone from running “contests, sweepstakes, offers, … Continue Reading
This week, Jamie Rubin and Heather Nolan from the InfoLawGroup will speak at the industry’s leading marketing law conference, hosted by the Promotion Marketing Association. The 33rd Annual Marketing Law Conference will take place this Tuesday and Wednesday, November 15-16, at the Downtown Chicago Marriott/Magnificent Mile in Chicago, Illinois. Jamie Rubin will speak on a … Continue Reading
InfoLawGroup LLP is delighted to welcome to the firm partners Justine Young Gottshall and Jamie Rubin. Gottshall and Rubin are former partners at Wildman, Harrold Allen & Dixon in Chicago. As nationally-recognized leaders in Digital, Media, Advertising, Privacy and Promotions law, they bring new depth to InfoLawGroup's practice.
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Much like the "Cloud computing revolution" there is an almost frenzied excitement around social media, and many companies are stampeding to exploit social networking. The promise of increased intimate customer interactions, input and loyalty, and enhanced sales and expanded market share can result in some organizations overlooking the thorny issues arising out of social networking. Many of these issues are legal in nature and could increase the legal risk and liability potential of an organization employing a social media strategy.
In this multi-part series the InfoLawGroup will identify and explore the legal implications of social media. This series will help organizations begin to identify some of the legal risks associated with social media so that they may start addressing and mitigating these risks while maximizing their social media strategy.
In Part One of the series, we will provide a high level overview of the legal risks and issues associated with an organization's use of social media. In subsequent parts members of the InfoLawGroup team will take a deeper dive into these matters, and provide some practical insight and strategic direction for addressing these issues. As always, we view our series as the beginning of a broader conversation between ourselves and the larger community, and we welcome and strongly encourage comments, concerns, corrections and criticisms.
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A week after the Senate held a hearing on the state of online consumer privacy, Senator John Kerry (D-Mass) has published a draft of the "Commercial Privacy Bill of Rights Act of 2011." The Act, co-sponsored by Senator John McCain (R-Ariz.), directs the FTC to make rules requiring certain entities that handle information covered by … Continue Reading
Remember Candie's shoes and Op shorts? The FTC announced yesterday that it has settled charges against Iconix Brand Group, an owner, licensor, and marketer of popular kids' apparel brands such as Candie's, Op, Mudd, and Bongo, for allegedly violating the Children's Online Privacy Protection Act (COPPA). Among other things, Iconix will pay a $250,000 civil penalty. The FTC filed its complaint and submitted its consent decree and order for approval yesterday in the Southern District of New York.
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