Tag Archives: advertising

ASA Decision Regarding Use Of Filters In Social Media Advertising

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

InfoLawGroup Partner Jamie Rubin to speak on “Ad Impression Measurement” at the 2017 BAA/ANA Marketing Law Conference in Chicago

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

New Litigation Against National Clothing Retailer for Use of “Up To % Off” Messaging

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

BYOB: Be Your Own Broadcaster (and Studio) –What to watch out for in content creation and distribution

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

It’s Not Just For Kids – FTC Takes Issue with Search Terms and Testimonials

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

Alcohol Ads In the Digisphere – New-ish Guides In Town

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

“Like-Gated” Promotions No Longer Permissible on Facebook

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

Alert: The NAD Rejects Use of Aggregated Online Consumer Reviews As Substantiation for “Most Recommended” Claim

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


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

Even When the Connection is Obvious, Publishers Should Consider Disclosures in Native Advertising

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

Native Advertising: The Blurred Line Between Editorial and Sponsored Claims

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

New York Attorney General Cracks Down on Falsified Online Reviews

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

What’s Up with Up To Claims?

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

Trolls Attack! Another Reason “Template” Official Rules Aren’t Enough for Your Promotion

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

Are You Getting Shortchanged? The NAD Examines “Cash Back” Advertising Claims

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

Advertising About Charities and Charitable Causes: It’s the Details that Matter

“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

The NAD’s First Take on Pinterest: Pinterest Content Subject to Testimonial Guidelines

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+ Pages Allow Linking, but Not Hosting Promotions

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

33rd Annual PMA Marketing Law Conference

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

The Legal Implications of Social Networking: The Basics (Part One)

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. … Continue Reading

Kerry Releases Draft of “Privacy Bill of Rights”

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

FTC Settles Charges Against Kids’ Apparel Brands for Alleged COPPA Violations

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. … Continue Reading