Topics

3D Printing

3D Printing Series: 3D Printing of Medical Devices 3D Printing Series: Be Right Down — Printing My Makeup 3D Printing Series: No One Goes into Space for the Food - Yet

Accessibility

Website Accessibility: An Excerpt from the Advertising Law Tool Kit Listen to Episode 10 of Venable's Ad Law Tool Kit Show—"Website Accessibility"

Antitrust

What the FTC's Aggressive New Policy Statement on Unfair Methods of Competition Means for Advertisers

Artificial Intelligence

As FTC Begins Grappling with AI Issues, "Sweep" Signals Differing Approaches Among Commissioners Hello, This Is AI Calling. FCC Proposes New Rules for AI Robocalls AI Robocalls: Election Season Triggers Additional FCC Scrutiny

Automatic Renewals

FTC Announces Final “Click-to-Cancel” Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription Services Negative Option and Continuity Marketing: An Excerpt from the Advertising Law Tool Kit California Amends Autorenewal Law, with Stricter Consent Requirements and a “One Save” Rule: Fast VAST Update

California

A Variety of Fees and Surcharges Implicated in Early Cases Enforcing California's Honest Pricing Law California Amends Autorenewal Law, with Stricter Consent Requirements and a “One Save” Rule: Fast VAST Update California Privacy Protection Agency Warns Businesses Against "Dark Patterns" and Urges "Symmetry in Choice"

Cannabis

Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims CBD Advertisements: What CBD Companies and Celebrity Influencers Need to Know CBD Update: The FDA Commissioner Cannot Ignore the Buzz – But Is Further Deregulation on the Horizon?

Cause-Related Marketing

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing Evolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance FTC Partners with State AGs in Latest Crackdown on Charity Fundraising

Children/Kids

Marketing to Children: An Excerpt from the Advertising Law Tool Kit Listen to Venable’s Ad Law Tool Kit Show Podcast – “Marketing to Children”New York Proposes Bill Targeting Unhealthy Food Advertising to Children, with Broader Implications

Claim Substantiation

The Dueling Views of FTC Commissioners Ferguson and Holyoak on the Scope of Agency Authority Understanding False Advertising Claims: An Excerpt from the Advertising Law Tool Kit Listen to Venable's Ad Law Tool Kit Show Podcast – "Understanding False Advertising Claims, Part 1: Litigation"

Class Action

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit Listen to Episode 6 of Venable’s Ad Law Tool Kit Show – “Mitigating Class Action Exposure”About That First Florida Telephone Solicitation Act Class Action Settlement...

CoffeeTalk

Coffee Talk with Lee Peeler: Self-Regulatory Process and Key Changes to NAD's Procedures Coffee Talk with Elaine Kolish: CFBAI Director Looks Back and Forward CoffeeTalk on EU and U.S. Data Transfer and Cross Device Tracking with FTC Commissioner Brill

Commerce Clause

Could Texas Ban the Sale of Union-Made Goods? After National Pork Producers, We Still Don't Know

Communications

FCC Fines Major Wireless Carriers $200 Million for Sharing Customer Geolocation Data The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone Solicitations Act The FTC's and DOJ's New Magic Act: Vanished Messages Will Reappear in Discovery

Competitor Litigation

Event in Review: Why Can They Say That, but I Can't? How to Challenge Your Competitors' Advertising While Avoiding Being Targeted Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Sticks and Stones May Break Your Competitor, But Protests May Be Protected

Consumer Products

Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims Get Ready to Comply with CPSC's Upcoming eFiling Requirement Product Safety and Recalls: An Excerpt from the Advertising Law Tool Kit

Consumer Protection

California Privacy Protection Agency Warns Businesses Against "Dark Patterns" and Urges "Symmetry in Choice"Federal Agencies Increase Focus on Pricing Enforcement Façade, Fraud: FTC Final Rule Banning Fake Reviews

Consumer Reviews

FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews

Copyright

Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit Listen to Episode 9 of Venable's Ad Law Tool Kit Show—"Copyright Counseling and Protection"Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge Photo

Cosmetics

NAD Issues Decision Addressing "Clean," "Ethically and Sustainably Sourced," and Efficacy Claims for Amyris Clean Beauty, Inc. Biossance Skincare Products Customer Review Fraud Top of FTC's Priority List NAD Lashes Out Over Use of Stale Market Share Data for a Best-Selling Claim

COVID-19

The Pandemic May Be Over, but Price-Gouging Laws Live On When a Mail Order Rule Case Is Not Just About the Mail Order Rule FTC Brings First PPE Case Under COVID-19 Consumer Protection Act

Cryptocurrency

FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit Layup or Airball? Court Holds NBA Top Shot NFTs May Be a Security in Friel v. Dapper Labs

Cybersecurity

What's in a Label? FCC Begins Rulemaking Procedure for Cybersecurity Labeling on IoT Devices

Dark Patterns

California Privacy Protection Agency Warns Businesses Against "Dark Patterns" and Urges "Symmetry in Choice"Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement The CFPB Joins the FTC on Negative Option Marketing and Dark Patterns in New Circular

Disclosures

New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses Influencers on Notice: FTC Issues Warning Letters for Inadequate Disclosures Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

Endorsements

Foul! SEC Faults Investment Adviser for Inadequate Disclosures on Professional Athlete Endorsements Façade, Fraud: FTC Final Rule Banning Fake Reviews Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

Fair Use

Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge Photo

False Advertising

The Dueling Views of FTC Commissioners Ferguson and Holyoak on the Scope of Agency Authority Listen to Venable’s Ad Law Tool Kit Show Podcast – “Understanding False Advertising Claims, Part 2: The National Advertising Division”Understanding False Advertising Claims: An Excerpt from the Advertising Law Tool Kit

FCC

Hello, This Is AI Calling. FCC Proposes New Rules for AI Robocalls FCC Proposes $8 Million in Fines Against Telecom Company and Political Consultant for Using Deepfake Generative Artificial Intelligence FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

FDA

Event in Review: Why Can They Say That, but I Can't? How to Challenge Your Competitors' Advertising While Avoiding Being Targeted Marketing FDA-Regulated Products: An Excerpt from the Advertising Law Tool KitListen to Episode 2 of Venable’s Ad Law Tool Kit Show—“Marketing FDA-Regulated Products”

Federal Regulations

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court's Disposal of Chevron Deference Impersonation Rulemaking: FTC Takes Steps to Tackle AI New Bill to Modernize the TCPA Would Significantly Expand Potential Liability

Financial Services/CFPB

Foul! SEC Faults Investment Adviser for Inadequate Disclosures on Professional Athlete Endorsements Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures Why the CFPB's Preferencing and Steering Practices Circular Should Scare Lead Generators and Consumer Financial Services Providers

First Amendment

Sticks and Stones May Break Your Competitor, But Protests May Be Protected "Public Access" isn't a "Public Function": No First Amendment Liability for Privately Managed Public Access Channels To Be an Ad or Not to Be an Ad: That is the Question

Food and Drink

New York Proposes Bill Targeting Unhealthy Food Advertising to Children, with Broader Implications NAD Issues First Decision under Fast-Track SWIFT Program Ninth Circuit Blocks Class Plaintiffs' Efforts to End Run Jury Trial

FTC

The Dueling Views of FTC Commissioners Ferguson and Holyoak on the Scope of Agency Authority Foul! SEC Faults Investment Adviser for Inadequate Disclosures on Professional Athlete Endorsements Green Claims: An Excerpt from the Advertising Law Tool Kit

Gift Cards

Are Gift Cards the War Bonds of the COVID-19 Era? Maybe So, but Issuers Still Need to Consider the Consumer Protection Laws FTC Settles Major Prepaid Card Advertising Case and Doesn't Say Much about It Sweeping New Federal Regulations for the Prepaid Industry

Government Investigation

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit DOJ Signals Changes to Its Corporate Enforcement Policy When the Cover Up Is Worse Than the Crime

Green claims

Green Claims: An Excerpt from the Advertising Law Tool Kit Listen to Venable's Ad Law Tool Kit Show Podcast – "Green Claims"NAD Issues Decision Addressing "Clean," "Ethically and Sustainably Sourced," and Efficacy Claims for Amyris Clean Beauty, Inc. Biossance Skincare Products

Internet/Social Media

FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit Listen to Episode 8 of Venable's Ad Law Tool Kit Show—"Social Media, Influencers, and Endorsements"

Lanham Act

Event in Review: 10th Advertising Law Symposium Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases

Lead Generation

Why the CFPB's Preferencing and Steering Practices Circular Should Scare Lead Generators and Consumer Financial Services Providers Lead Generation: An Excerpt from the Advertising Law Tool Kit Listen to Episode 4 of Venable's Ad Law Tool Kit Show – "Lead Generation"

Legislation

New Law Regulating Online Marketplaces Will Impact Sellers, Too 2021 Capitol Hill Wrap-up Activity But Unclear Progress On Providing the FTC Additional Monetary Remedial Authority

Made in USA

Made in USA Claims: An Excerpt from the Advertising Law Tool Kit Listen to Venable's Ad Law Tool Kit Show Podcast – "Made in USA Claims"FTC Issues Guides for Made in USA Claims

NAD

Listen to Venable’s Ad Law Tool Kit Show Podcast – “Understanding False Advertising Claims, Part 2: The National Advertising Division”At NAD Conference Federal Trade Commission's Holyoak and Levine Share Contrasting Perspectives on the Agency's Role NAD Issues Decision Addressing "Clean," "Ethically and Sustainably Sourced," and Efficacy Claims for Amyris Clean Beauty, Inc. Biossance Skincare Products

Native

Is This an Ad? NAD Recommends That Two Companies Beef up Material Connection Disclosures FCC Revives Its Own Native Advertising Rule: Sponsorship Identification Native Advertising and Influencer Marketing Workshop

Negative Option Marketing

Business Groups Rush to File Federal Court Challenges to the FTC’s Negative Option “Click-to-Cancel” Rule FTC Announces Final “Click-to-Cancel” Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription Services Negative Option and Continuity Marketing: An Excerpt from the Advertising Law Tool Kit

Non-US

Sticks and Stones May Break Your Competitor, But Protests May Be Protected Exactly How Long is the Long Arm of the Law? The FTC Seeks to Extend its Reach to Offshore Payment Processors Un-Belize-Able! FTC Setting New Standards in Sanctuary Belize

Payment Processing

Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures Payment Processing: An Excerpt from the Advertising Law Tool Kit Listen to Episode 7 of Venable's Ad Law Tool Kit Show – "Payment Processing"

Podcast

Listen to Venable’s Ad Law Tool Kit Show Podcast – “Understanding False Advertising Claims, Part 2: The National Advertising Division”Listen to Venable's Ad Law Tool Kit Show Podcast – "Understanding False Advertising Claims, Part 1: Litigation"Listen to Venable's Ad Law Tool Kit Show Podcast – "State Privacy Laws"

Pricing

Listen to Venable's Ad Law Tool Kit Show Podcast – "Drip Pricing"A Variety of Fees and Surcharges Implicated in Early Cases Enforcing California's Honest Pricing Law FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

Privacy & Data Security

Listen to Venable's Ad Law Tool Kit Show Podcast – "State Privacy Laws"Listen to Venable’s Ad Law Tool Kit Show Podcast – “Litigation Trends in Privacy Laws”FCC Fines Major Wireless Carriers $200 Million for Sharing Customer Geolocation Data

Product Labeling

Listen to Episode 1 of Venable’s Ad Law Tool Kit Show – “Product Safety and Recalls”FTC Seeks Public Comment on Possible Green Guides Revisions FCC Requires Consumer Broadband Labeling

Redress

FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims Following Noland: Another District Court Tightens the Reins on the Scope of Consumer Redress Addressing the Redress: District Court Limits the Scope of FTC Consumer Redress for Rule Violations

Retail

Influencers on Notice: FTC Issues Warning Letters for Inadequate Disclosures Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them 'Tis the Season—to Update Your Shipping Representations

Right of Privacy

Listen to Venable's Ad Law Tool Kit Show Podcast – "Email Marketing in the Crosshairs"Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices #StrikeAPose #CopyrightInfringement

Right to Repair

To Repair or Replace? California and New York Enact Right-to-Repair Laws

ROSCA

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims Vonage, Autorenewals, and the FTC's Ever-Expanding Interpretation of ROSCA Dark Patterns: Are They as Shady as Everyone Claims?

Sports

Big Game Fun Includes Viking Disclaimers and Fake News Golden Rules: The Rule 40 Deadline is Nearing the (Slalom) Gate; Advertisers Cannot Just (Figure) Skate Over the Regulation Annual Big Game Ad Review

State Attorney General

State Attorney General Inquiries: An Excerpt from the Advertising Law Tool Kit Listen to Episode 11 of Venable's Ad Law Tool Kit Show – "State Attorney General Investigations"District Court to New York Attorney General: "No Personal Jurisdiction Piggybacking"

Subscriptions and Renewals

FTC Announces Final “Click-to-Cancel” Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription Services The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone Solicitations Act New Year, New Rule: FTC to Review Updates to Negative Option Rule During January Informal Hearing

Sweepstakes/Promotions

Branding the Future: Advertising Law, the Metaverse, and NFTs – Part 2 Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing Evolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance

Tax

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them Maryland Passes First-of-Its-Kind Digital Advertising Tax Internet Vendors Need to Pay Attention to these States After U.S. Supreme Court Alters Sales Tax Collection Standard

Technology

Evaluating the Cybersecurity Risk of Mailing and Publishing Partners Finding Alpha in the Wireless Space: Regulatory Changes That Could Impact Investment Branding the Future: Advertising Law, the Metaverse, and NFTs – Part 1

Telemarketing

FCC Proposes $8 Million in Fines Against Telecom Company and Political Consultant for Using Deepfake Generative Artificial Intelligence Telemarketing Trial: Defendant Sweeps All Six Claims Against the FTC and Pennsylvania AG Telemarketing and Texting: An Excerpt from the Advertising Law Tool Kit

Terms & Conditions

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions Congress Adopts New Cable Operator Advertising and Billing Requirements Affecting Both Video and Broadband Internet Offerings

Toys and Games

FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers FTC Scrutinizes Loot Boxes – What are the Odds?FTC Gathers Video Game Industry to Talk Loot Boxes

Trademark/IP

Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit Branding the Future: Advertising Law, the Metaverse, and NFTs – Part 2

U.S. Department of Justice

Federal Agencies Increase Focus on Pricing Enforcement In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

U.S. Supreme Court

Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court's Disposal of Chevron Deference C[FPB] You Later? Agency's Future Hangs in the Balance After Oral Argument

Uncategorized

State Privacy Laws: An Excerpt from the Advertising Law Tool Kit Download Venable's Advertising Law Tool Kit – 12th Edition FCC Adopts Rule Closing the Lead Generator Loophole

Weight loss

Third Bite at the Apple – FTC Administrative Proceeding Signals a Relentless Pursuit Against Supplement Marketers Mobile App Settles Charges with FTC that it Broke Pact with Consumers FTC and Courts Remain Real Serious About Fake News Advertising

Workshops

9th Annual Advertising Law Symposium Advertising Law Webinars – Thursday, March 19 Save the date: Venable’s Seventh Annual Advertising Law Symposium will be held in Washington, DC on March 19, 2020