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Regulatory and Litigation Developments for Advertisers and Marketers

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3D Printing

3D Printing Series: 3D Printing of Medical Devices3D Printing Series: Be Right Down — Printing My Makeup3D Printing Series: No One Goes into Space for the Food - Yet

Accessibility

Website Accessibility: An Excerpt from the Advertising Law Tool KitListen 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

FTC Bureau of Consumer Protection Director on Privacy Rules and AI RegulationFTC Commissioner Mark Meador Highlights Consumer Protection Priorities at NAD ConferenceBack-to-Back Fair Use Decisions: Two NDCA Courts Find Fair Use for AI Training, Emphasizing That the Specific Facts Concerning Alleged Market Harm Will Be Critical in Overcoming AI’s “Highly Transformative” Technology

Automatic Renewals

The FTC Defers Compliance Deadline for Updated Negative Option Rule to July 14—A Fast VAST Update​​Key Takeaways from Venable's 11th Annual Advertising Law SymposiumCleo AI Settles with FTC for $17 Million for Alleged Misleading Practices and Autorenewal Violations

California

Compliance Countdown for California's "Truth in Recycling" Law BeginsA Variety of Fees and Surcharges Implicated in Early Cases Enforcing California's Honest Pricing LawCalifornia Amends Autorenewal Law, with Stricter Consent Requirements and a “One Save” Rule: Fast VAST Update

Cannabis

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

Cause-Related Marketing

Charitable Fundraising PlatformsSyncing Marketing and Legal: Compliance Considerations for Cause-Related MarketingEvolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance

Children/Kids

Marketing to Children: An Excerpt from the Advertising Law Tool KitListen 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

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-LoperCompliance Countdown for California's "Truth in Recycling" Law BeginsNational Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Class Action

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli FamaPleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?Lawsuit Alleging Greenwashing Filed against Procter & Gamble for Charmin Toilet Paper

CoffeeTalk

Coffee Talk with Lee Peeler: Self-Regulatory Process and Key Changes to NAD's ProceduresCoffee Talk with Elaine Kolish: CFBAI Director Looks Back and ForwardCoffeeTalk 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 Adopts Several National Security MeasuresPresident Trump Signs Take It Down Act into LawEmail Marketing

Competitor Litigation

Event in Review: Why Can They Say That, but I Can't? How to Challenge Your Competitors' Advertising While Avoiding Being TargetedDefending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl AdsSticks 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 ClaimsGet Ready to Comply with CPSC's Upcoming eFiling RequirementProduct Safety and Recalls: An Excerpt from the Advertising Law Tool Kit

Consumer Protection

FTC's Melissa Holyoak Outlines Consumer Protection Focus at ANA Advertising Law ConferencePrescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement ActionsFTC's Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief Scheme

Consumer Reviews

FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews

Copyright

Court Holds That Anthropic's Training of AI Using Legally Obtained Books Is Fair Use, but Storage of Pirated Books Is NotCopyright Counseling and Protection: An Excerpt from the Advertising Law Tool KitListen to Episode 9 of Venable's Ad Law Tool Kit Show—"Copyright Counseling and Protection"

Cosmetics

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

COVID-19

DOJ Dismisses Lawsuit Over COVID Nasal Spray False AdvertisingThe Pandemic May Be Over, but Price-Gouging Laws Live OnWhen a Mail Order Rule Case Is Not Just About the Mail Order Rule

Cryptocurrency

FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC ClaimsCourt Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto LawsuitLayup 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

FTC Staff Issues Guidance Ahead of New Rule Targeting Deceptive FeesFTC Issues Scaled-Back Final Fee Rule Targeting Live-Event Tickets and Short-Term LodgingCalifornia Privacy Protection Agency Warns Businesses Against "Dark Patterns" and Urges "Symmetry in Choice"

Disclosures

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli FamaDo You Know Who You're Paying? FTC Lawsuit Against an Online Bill Pay Platform to ProceedNational Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Education

FTC Forges Ahead in Court Battle on FTC Act's Scope Over Nonprofit Institutions (And Loses)

Endorsements

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli FamaPaid Partnership Problems: Uptick in Influencer Class Actions and NAD ScrutinyNational Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Fair Use

Back-to-Back Fair Use Decisions: Two NDCA Courts Find Fair Use for AI Training, Emphasizing That the Specific Facts Concerning Alleged Market Harm Will Be Critical in Overcoming AI’s “Highly Transformative” TechnologyFourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge Photo

False Advertising

Dun & Bradstreet Faces $5.7M FTC Penalty for Violating Compliance Order and Misleading Small BusinessesLead Generation Scams in Healthcare: FTC Files Case Against Impersonator AdsMarketing in Sensitive Sectors: The FTC Prescribes a $1.9 Million Lesson to Evoke Wellness

FCC

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKessonFCC Adopts Several National Security MeasuresTelemarketing and Texting

FDA

Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement ActionsEvent in Review: Why Can They Say That, but I Can't? How to Challenge Your Competitors' Advertising While Avoiding Being TargetedMarketing FDA-Regulated Products: An Excerpt from the Advertising Law Tool Kit

Federal Regulations

President Trump Signs Take It Down Act into LawTariffs May Encourage Made in the USA Claims, but You Need to Be CarefulEight Questions Advertisers Should Be Asking About Tariffs

Financial Services/CFPB

FTC's Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief SchemeFTC Targets "Merchant of Record" for Unlawful Payment Processing, TSR, and ROSCA ViolationsNew York Seeks to Beef up Consumer Protection Framework

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 ChannelsTo Be an Ad or Not to Be an Ad: That is the Question

Food and Drink

Key Takeaways from Venable's 11th Annual Advertising Law SymposiumNew York Proposes Bill Targeting Unhealthy Food Advertising to Children, with Broader ImplicationsNAD Issues First Decision under Fast-Track SWIFT Program

FTC

FTC's Melissa Holyoak Outlines Consumer Protection Focus at ANA Advertising Law ConferenceFTC and Nevada AG Crack Down on Deceptive Tax Debt Relief Scams Mimicking the IRSDun & Bradstreet Faces $5.7M FTC Penalty for Violating Compliance Order and Misleading Small Businesses

Gift Cards

Are Gift Cards the War Bonds of the COVID-19 Era? Maybe So, but Issuers Still Need to Consider the Consumer Protection LawsFTC Settles Major Prepaid Card Advertising Case and Doesn't Say Much about ItSweeping 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 PitDOJ Signals Changes to Its Corporate Enforcement PolicyWhen the Cover Up Is Worse Than the Crime

Green claims

New York AG Secures $1.1 Million Settlement with JBS Over Greenwashing and Net Zero ClaimsRecyclable, Renewable, Regulated: NAD Pokes Holes in Boxed Water's Green PitchCompliance Countdown for California's "Truth in Recycling" Law Begins

Internet/Social Media

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD ScrutinyPresident Trump Signs Take It Down Act into LawNational Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Lanham Act

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

Lead Generation

Lead Generation Scams in Healthcare: FTC Files Case Against Impersonator AdsWhy the CFPB's Preferencing and Steering Practices Circular Should Scare Lead Generators and Consumer Financial Services ProvidersLead Generation: An Excerpt from the Advertising Law Tool Kit

Legislation

President Trump Signs Take It Down Act into LawNew Law Regulating Online Marketplaces Will Impact Sellers, Too2021 Capitol Hill Wrap-up

Made in USA

Tariffs May Encourage Made in the USA Claims, but You Need to Be CarefulMade in USA Claims: An Excerpt from the Advertising Law Tool KitListen to Venable's Ad Law Tool Kit Show Podcast – "Made in USA Claims"

NAD

Recyclable, Renewable, Regulated: NAD Pokes Holes in Boxed Water's Green PitchKey Takeaways from Venable's 11th Annual Advertising Law SymposiumThe National Advertising Division

Native

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

Negative Option Marketing

Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?The FTC Defers Compliance Deadline for Updated Negative Option Rule to July 14—A Fast VAST Update​​FTC Makes Clear It Will Continue Regulating Subscription Services and Signals Enforcement Priority for Negative Option Rule in Lawsuit Against Uber

Non-US

Eight Questions Advertisers Should Be Asking About TariffsSticks and Stones May Break Your Competitor, But Protests May Be ProtectedExactly How Long is the Long Arm of the Law? The FTC Seeks to Extend its Reach to Offshore Payment Processors

Nonprofit

Charitable Fundraising PlatformsFTC Forges Ahead in Court Battle on FTC Act's Scope Over Nonprofit Institutions (And Loses)

Payment Processing

FTC Targets "Merchant of Record" for Unlawful Payment Processing, TSR, and ROSCA ViolationsDrip Pricing, Surcharging, and the Push for “Total Price” DisclosuresPayment Processing: An Excerpt from the Advertising Law Tool Kit

Podcast

Listen to Venable's Ad Law Tool Kit Show Podcast – "Advertising Agreements"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"

Pricing

FTC and Illinois Attorney General Settle with Grubhub for Deceptive PracticesFTC Issues Scaled-Back Final Fee Rule Targeting Live-Event Tickets and Short-Term LodgingListen to Venable's Ad Law Tool Kit Show Podcast – "Drip Pricing"

Privacy & Data Security

Advertising Agreements: An Excerpt from the Advertising Law Tool KitListen 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”

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 RevisionsFCC Requires Consumer Broadband Labeling

Redress

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

Retail

Influencers on Notice: FTC Issues Warning Letters for Inadequate DisclosuresSupply 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

FTC Targets "Merchant of Record" for Unlawful Payment Processing, TSR, and ROSCA ViolationsFTC Makes Clear It Will Continue Regulating Subscription Services and Signals Enforcement Priority for Negative Option Rule in Lawsuit Against UberFTC and Illinois Attorney General Settle with Grubhub for Deceptive Practices

Sports

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

State Attorney General

FTC and Nevada AG Crack Down on Deceptive Tax Debt Relief Scams Mimicking the IRSNegative Option and Continuity MarketingState Attorney General Inquiries: An Excerpt from the Advertising Law Tool Kit

Subscriptions and Renewals

FTC's "Click-to-Cancel" Rule Challenged by Industry in the Eighth CircuitFTC Announces Final “Click-to-Cancel” Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription ServicesThe Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone Solicitations Act

Sweepstakes/Promotions

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

Tax

Eight Questions Advertisers Should Be Asking About TariffsSupply Chain Surcharges? Plaintiffs Say You Better Not Conceal ThemMaryland Passes First-of-Its-Kind Digital Advertising Tax

Technology

Evaluating the Cybersecurity Risk of Mailing and Publishing PartnersBranding the Future: Advertising Law, the Metaverse, and NFTs – Part 1Martech Procurement Tips and Contract Guidance

Telemarketing

Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in TexasTelemarketing and TextingFifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties for Violations of Agency Rules

Terms & Conditions

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration AgreementRepair Your Warranty Terms: FTC Takes Action Against Unlawful Repair RestrictionsCongress 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 OffersFTC 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 ClaimsCopyright Counseling and Protection: An Excerpt from the Advertising Law Tool KitBranding the Future: Advertising Law, the Metaverse, and NFTs – Part 2

U.S. Department of Justice

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

U.S. Supreme Court

Supreme Court Stay Sets Stage for Reconsidering Humphrey’s ExecutorLegal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC CommissionerThe Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

Uncategorized

Now Available: Venable's Advertising Law Tool Kit – 13th EditionState Privacy Laws: An Excerpt from the Advertising Law Tool KitDownload Venable's Advertising Law Tool Kit – 12th Edition

Weight loss

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

Workshops

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

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