Regulatory and Litigation Developments for Advertisers and Marketers
Episode 10 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Understanding False Advertising Claims, Part 2: The National Advertising Division” here, or search for it in your favorite podcast player.
The National Advertising Division (NAD) is part of the BBB National Programs. Its mandate is to “hold national advertising…
Episode 9 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Understanding False Advertising Claims, Part 1: Litigation” here, or search for it in your favorite podcast player.
The first rule of advertising compliance is that advertising must be truthful and not misleading to consumers. All material advertising claims also must be substantiated. There are many venues in which a business can challenge a competitor who fails to follow those rules. What are the different ways in which an advertising claim can be false or misleading?
In the first of two episodes about false advertising claims, Venable partners Liz Rinehart and Roger Colaizzi discuss the many types of false advertising claims and how to be sure your business can avoid them.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Understanding False Advertising Claims, Part 1: Litigation”
Episode 8 of Venable’s Ad Law Tool Kit Show, Season 2, is now available. Listen to “State Privacy Laws” here, or search for it in your favorite podcast player.
State privacy laws continue to evolve rapidly, challenging businesses to keep pace. By the end of 2024, businesses will need to comply with up to nine comprehensive state privacy laws, with more laws slated to come into force in 2025 and 2026. To date, all such laws draw inspiration from both the first comprehensive state privacy law—the California Consumer Privacy Act (CCPA)—and the European Union General Data Protection Regulation (GDPR). But there are differences.
In this episode, Venable partner Kelly Bastide discusses which laws, if any, apply to your business and how to develop a practical compliance program that harmonizes with the different laws.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “State Privacy Laws”
Episode 7 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Marketing to Children” here, or search for it in your favorite podcast player.
When marketing to children under 13, there are heightened requirements that go beyond standard truth in advertising practices. The basic idea behind these requirements is that children have a difficult time understanding that they are being given a sales pitch and distinguishing between reality and fantasy.
In this episode, Venable partner Melissa Steinman and associate Shannon Sansom discuss some best practices that companies should keep in mind when building promotions and campaigns targeted at children.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Marketing to Children”
Episode 6 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Made in USA Claims” here, or search for it in your favorite podcast player.
Many customers like to “buy American” and are willing to pay more to do so. However, if you want to call out your product’s homegrown attributes, you should know that the Federal Trade Commission (FTC), as well as some states, including California, have created very specific guidance and laws on what it means for a good to be of domestic origin.
In this episode, Venable partner Mary Gardner and associate Jay Prapaisilp look at the FTC’s detailed Made in USA guidance on product manufacture, sourcing, assembly, and labeling and the penalties for violation.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Made in USA Claims”
Episode 5 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Litigation Trends in Privacy Laws” here, or search for it in your favorite podcast player.
Data breaches, cookie banners, chatbots, pixel tracking, and biometrics are just some of the trends in privacy law that are keeping litigators busy. Many technologies that are necessary to operate a website have become hot areas of litigation. But there are more trends, and more questions.
In this episode, Venable partner Jean-Paul Cart discusses the states that are considering new consumer protection legislation, other technologies that are being targeted by plaintiffs, and what your business can be doing to be prepared.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Litigation Trends in Privacy Laws”
Episode 4 of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Green Claims” here, or search for it in your favorite podcast player.
Protecting the environment and practicing social responsibility not only benefit the planet, but also provide a compelling value proposition. The Federal Trade Commission (FTC) has issued detailed guidance for marketers about how to substantiate green claims, and states are increasingly passing laws governing environmental advertising.
In this episode, Venable partner Claudia Lewis discusses how marketers can promote the environmentally conscious aspects of their products while avoiding so-called greenwashing.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Green Claims”
Episode 3 of Venable’s Ad Law Tool Kit Show, Season 2, is now available. Listen to “Drip Pricing” here, or search for it in your favorite podcast player.
In 2023, the Federal Trade Commission identified two junk fees-related practices it wanted to regulate—omitting mandatory charges and fees from advertised prices and misrepresenting the nature and purpose of the charges or fees. States have been active as well. “Junk fees” or “drip pricing” would be replaced by the “Total Price,” which businesses would be required to clearly disclose.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast – “Drip Pricing”
Episode 2 of Venable’s Ad Law Tool Kit Show, Season 2, is now available. Listen to “Email Marketing in the Crosshairs” here, or search for it in your favorite podcast player.
For decades, email marketing has been an important tool that businesses use to reach customers. But in recent years, marketers have had to…
The first episode of Venable’s Ad Law Tool Kit Show, Season 2,is now available. Listen to “Negative Option Marketing: Part 2” here, or search for it in your favorite podcast player.
Negative option marketing can include pre-notification negative option plans, continuity programs, automatic renewals, and free-to-pay conversions. This marketing strategy continues to invite scrutiny from the Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs.
In this episode, I talk to my co-host on this podcast, Shahin Rothermel, and
Venable partner Ari Rothman about the keys to success in avoiding investigations and liability.Continue Reading Listen to Venable’s Ad Law Tool Kit Show Podcast– “Negative Option Marketing: Part 2”
