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

Antitrust

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

California

Ninth Circuit Upholds California Net Neutrality Law Sticks and Stones May Break Your Competitor, But Protests May Be Protected Ninth Circuit Blocks Class Plaintiffs' Efforts to End Run Jury Trial

Cannabis

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?New Farm Bill Cracks Open Door to Processing for Legalized Hemp and CBD Oil

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

Ready, Aim, Fire: FTC Scores Record-Breaking $520 Million Settlement with Fortnite Creator Epic Games FTC to Digital Media Advertisers: It's Time to Protect Kids FTC Schools Marketers on the ABCs of Negative Option Marketing

Claim Substantiation

In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science Proposed Rulemaking: FTC Dials in on Business Opportunities When a Mail Order Rule Case Is Not Just About the Mail Order Rule

Class Action

About That First Florida Telephone Solicitation Act Class Action Settlement...Another Florida Telephone Solicitation Act First—A Class Settlement Is on Its Way First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute

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

Competitor Litigation

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Sticks and Stones May Break Your Competitor, But Protests May Be Protected NAD Issues First Decision under Fast-Track SWIFT Program

Consumer Products

Download Venable’s Advertising Law Tool Kit – 11th Edition You Asked, We Answered – Consumer Product Safety and Warranties Heads Up! NAD Recommends Discontinuing WaveCel Safety Claim

Consumer Protection

Download Venable’s Advertising Law Tool Kit – 11th Edition FTC's Case Against Intuit Isn't Won—Yet CFPB Warns Digital Mortgage Comparison-Shopping Platforms About Referral Fees and Pay-to-Play Advertising

Cosmetics

Customer Review Fraud Top of FTC's Priority List NAD Lashes Out Over Use of Stale Market Share Data for a Best-Selling Claim Aloe Vera (Non-Decolorized Whole Leaf Extract) and Goldenseal Root Powder Now Included on California’s Proposition 65 List

Cryptocurrency

Layup or Airball? Court Holds NBA Top Shot NFTs May Be a Security in Friel v. Dapper Labs Keeping Up with Disclosures: SEC Punishes Kim Kardashian for Crypto Promotion Biden Tasks Consumer Protection Agencies with Stepping Up Cryptocurrency Oversight

Dark Patterns

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

A Sign of the Times: Federal Trade Commission Releases Guidance on Consumer Reviews Keeping Up with Disclosures: SEC Punishes Kim Kardashian for Crypto Promotion Takeaways from NAD 2022: The FTC's Enforcement Priorities, New Technologies, Dark Patterns, and the Usual Suspects

Endorsements

Download Venable’s Advertising Law Tool Kit – 11th Edition A Sign of the Times: Federal Trade Commission Releases Guidance on Consumer Reviews Keeping Up with Disclosures: SEC Punishes Kim Kardashian for Crypto Promotion

False Advertising

In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science FTC's Case Against Intuit Isn't Won—Yet FTC Joins with California DFPI to Obtain Asset Freeze Against Mortgage Relief Business

FCC

FCC Proposes Rule to "Close the Lead Generator Loophole," with Business-Changing Ramifications North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections Telemarketing Lead Generators: How Many “Marketing Partners” Is Too Many?

FDA

Ad Law in the Age of COVID-19 and Regulatory Reactions CBD Advertisements: What CBD Companies and Celebrity Influencers Need to Know Federal Trade Commission and State Regulators Issue Warnings to Companies that Deceptively Advertise COVID-19-Related Products and Services

Federal Regulations

FTC Seeks Public Comment on Possible Green Guides Revisions An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"Finding Alpha in the Wireless Space: Regulatory Changes That Could Impact Investment

Financial Services/CFPB

Supreme Court Agrees to Hear Case Involving CFPB Funding CFPB Warns Digital Mortgage Comparison-Shopping Platforms About Referral Fees and Pay-to-Play Advertising The CFPB Joins the FTC on Negative Option Marketing and Dark Patterns in New Circular

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

NAD Issues First Decision under Fast-Track SWIFT Program Ninth Circuit Blocks Class Plaintiffs' Efforts to End Run Jury Trial Ninth Circuit Holds that "Diet" Soda Name Is Not False or Misleading

FTC

In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science Download Venable’s Advertising Law Tool Kit – 11th Edition FTC's Case Against Intuit Isn't Won—Yet

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

FTC Seeks Public Comment on Possible Green Guides Revisions FTC Turns Up the Heat on Deceptive Insulation and Energy-Saving Claims Raise the Green Bar Summit

Internet/Social Media

For the First Time, Supreme Court Considers Section 230 Immunity for Third-Party Content on Internet Platforms Such as Google and YouTube Ready, Aim, Fire: FTC Scores Record-Breaking $520 Million Settlement with Fortnite Creator Epic Games A Sign of the Times: Federal Trade Commission Releases Guidance on Consumer Reviews

Lanham Act

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases Getting the Yardage: District Court Locks in on Rangefinder Company’s False Claims

Lead Generation

FCC Proposes Rule to "Close the Lead Generator Loophole," with Business-Changing Ramifications Generating Leads Legally: Regulatory and Litigation Quick Hits Lead Generation Compliance and Regulation in Today’s World. Who’s Minding the Store?

Legislation

2021 Capitol Hill Wrap-up Activity But Unclear Progress On Providing the FTC Additional Monetary Remedial Authority Coronavirus Cancellations: How Do They Affect My Promotion?

Made in USA

FTC Brings the Heat on Pyrex Manufacturer's "Made in USA" Claims for Products Made in China An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"FTC Debunks Claim That Trunk Bunk Pads Were Made in the USA

NAD

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads You Asked. We Answered.Spring 2021 Edition: Not a Symposium, but a Virtual Ad Law CLE Bonanza

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

The National Advertising Division Recommends That Pier 1 Modify Subscription Disclosures Download Venable’s Advertising Law Tool Kit – 11th Edition The CFPB Joins the FTC on Negative Option Marketing and Dark Patterns in New Circular

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

Download Venable’s Advertising Law Tool Kit – 11th Edition FTC Approves Administrative Settlement with Payment Processor, Electronic Payment Systems How Negative Option Marketing Can Risk Entangling Third-Party Banks and Payment Processors

Pricing

New York AG Proposes New Price Gouging Rules Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them The Pandemic May Be Over, but Price-Gouging Laws Live On

Privacy & Data Security

Ready, Aim, Fire: FTC Scores Record-Breaking $520 Million Settlement with Fortnite Creator Epic Games Evaluating the Cybersecurity Risk of Mailing and Publishing Partners Lights, Camera, Action! FTC Settlement Signals Novel Use of ROSCA

Product Labeling

FTC Seeks Public Comment on Possible Green Guides Revisions FCC Requires Consumer Broadband Labeling An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"

Redress

Eleventh Circuit Says FTC Can Seek Asset Freezes and Receivership Under Section 19 Intuit Will Pay $141 Million in State Attorneys General Settlement Over Deceptive TurboTax Advertising FTC Approves Rulemaking Process for Earnings Claims

Retail

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them 'Tis the Season—to Update Your Shipping Representations A Day Late and $1.2M Short: NY AG Fines Dollar Store Chains for Selling Expired Medicines and Obsolete Motor Oil, Violating Bottle Deposit Law

Right of Privacy

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices #StrikeAPose #CopyrightInfringement FTC Warns Ukraine Company: You Can't Let Kids Use Your Dating Apps

ROSCA

Vonage, Autorenewals, and the FTC's Ever-Expanding Interpretation of ROSCA Dark Patterns: Are They as Shady as Everyone Claims?State Automatic Renewal Laws Are Starting to Look Like a Patchwork Quilt as the FTC Expands Enforcement of ROSCA

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

District Court to New York Attorney General: "No Personal Jurisdiction Piggybacking"New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics You Asked, We Answered – State AGs and Consumer Protection: An Update and Outlook

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

Telemarketing

FCC Proposes Rule to "Close the Lead Generator Loophole," with Business-Changing Ramifications North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections Third Circuit Strikes TCPA Fax Lawsuit

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

Branding the Future: Advertising Law, the Metaverse, and NFTs – Part 2 After an Almost Four-Year Battle, the Second Circuit Sees Anti-Competitive Concerns Differently Than the FTC in 1-800 Contacts Case Mona Lisa or Dog Doo? Humor Avoids Trademark Liability

U.S. Department of Justice

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 DOJ Reverses Course on the Wire Act, Changing the Odds on the State-Regulated Gambling Industry

Uncategorized

Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Plaintiff Appeals to Eleventh Circuit Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them Download Venable's Advertising Law Tool Kit - 10th Edition

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