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

Event in Review | 12th Advertising Law Symposium The FTC Walks Back Its Rytr Enforcement Action, Signaling a Shift in Federal AI Regulation FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation

Automatic Renewals

New York City Proposes Strict Click-to-Cancel Subscription Requirements FTC Revives Click-to-Cancel Rule: A Fast VAST Update The FTC Defers Compliance Deadline for Updated Negative Option Rule to July 14—A Fast VAST Update

California

Compliance Countdown for California's "Truth in Recycling" Law Begins 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

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

Charitable Fundraising Platforms Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing Evolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance

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

Inside the Ad Law Tool Kit: Advertising Claim Substantiation Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper Compliance Countdown for California's "Truth in Recycling" Law Begins

Class Action

Event in Review | 12th Advertising Law Symposium Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

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 Adopts Several National Security Measures President Trump Signs Take It Down Act into Law Email Marketing

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

Why New York City's Consumer Regulator Belongs on National Compliance Radar FTC Signals Heightened Enforcement of New Consumer Review Rule State AGs Increase Scrutiny of Buy Now, Pay Later Providers Amid Consumer Protection Concerns

Consumer Reviews

FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews

Contract Law

U.S. vs. UK Contract Law in Advertising Agency Agreements Explained

Copyright

Court Holds That Anthropic's Training of AI Using Legally Obtained Books Is Fair Use, but Storage of Pirated Books Is Not 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"

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

DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising 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

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

FTC Wins Eleventh Circuit Ruling Over Hidden Fees and Deceptive Marketing FTC Staff Issues Guidance Ahead of New Rule Targeting Deceptive Fees FTC Issues Scaled-Back Final Fee Rule Targeting Live-Event Tickets and Short-Term Lodging

Disclosures

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama Do You Know Who You're Paying? FTC Lawsuit Against an Online Bill Pay Platform to Proceed National 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

FTC Signals Heightened Enforcement of New Consumer Review Rule Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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” Technology 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

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

FCC

TCPA Decision Weakens FCC Written Consent Requirement for Telemarketing Fifth Circuit Limits TCPA Prior Express Written Consent Requirements FCC Delays Revoke All Consent Rule for Robocalls and Text Messages Until 2027

FDA

Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement Actions 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 Kit

Federal Regulations

The FTC Walks Back Its Rytr Enforcement Action, Signaling a Shift in Federal AI Regulation FTC Signals Heightened Enforcement of New Consumer Review Rule President Trump Signs Take It Down Act into Law

Financial Services/CFPB

FTC's Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief Scheme FTC Targets "Merchant of Record" for Unlawful Payment Processing, TSR, and ROSCA Violations New 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 Channels To Be an Ad or Not to Be an Ad: That is the Question

Food and Drink

Texas Attorney General Probes Pesticide Use on "Organic" Produce at Grocery Chains Key Takeaways from Venable's 11th Annual Advertising Law Symposium New York Proposes Bill Targeting Unhealthy Food Advertising to Children, with Broader Implications

FTC

Inside the Ad Law Tool Kit: Fee Disclosures Inside the Ad Law Tool Kit: Email Marketing Stored Payment Credentials and ROSCA: Lessons from the FTC's Uber Case

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

State Court Clears Connecticut’s Greenwashing Suit Against Exxon New York AG Secures $1.1 Million Settlement with JBS Over Greenwashing and Net Zero Claims Recyclable, Renewable, Regulated: NAD Pokes Holes in Boxed Water's Green Pitch

Hidden Fees

Inside the Ad Law Tool Kit: Fee Disclosures FTC Wins Eleventh Circuit Ruling Over Hidden Fees and Deceptive Marketing

Internet/Social Media

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

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

Lead Generation Scams in Healthcare: FTC Files Case Against Impersonator Ads 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

Legislation

President Trump Signs Take It Down Act into Law New Law Regulating Online Marketplaces Will Impact Sellers, Too 2021 Capitol Hill Wrap-up

Made in USA

Tariffs May Encourage Made in the USA Claims, but You Need to Be Careful 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"

NAD

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

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

Stored Payment Credentials and ROSCA: Lessons from the FTC's Uber Case FTC Calls for Comments on the Amended Negative Option Rule: A Fast VAST Update Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?

New York

New York City Proposes Strict Click-to-Cancel Subscription Requirements Why New York City's Consumer Regulator Belongs on National Compliance Radar New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation

Non-US

Eight Questions Advertisers Should Be Asking About Tariffs 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

Nonprofit

Charitable Fundraising Platforms FTC 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 Violations Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures Payment 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

Online Retailers Face Rising Risk from Strike-Through Pricing Claims Event in Review | 12th Advertising Law Symposium FTC and Illinois Attorney General Settle with Grubhub for Deceptive Practices

Privacy & Data Security

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

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

Supreme Court Takes Up VPPA Case With Major Implications for Digital Advertising and 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

Right to Repair

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

ROSCA

Stored Payment Credentials and ROSCA: Lessons from the FTC's Uber Case FTC v. Uber: California Court Allows Claims against Uber One Subscription to Proceed FTC Targets "Merchant of Record" for Unlawful Payment Processing, TSR, and ROSCA Violations

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 AGs Sue OneMain Financial Over Deceptive Loan Add-Ons New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation State AGs Increase Scrutiny of Buy Now, Pay Later Providers Amid Consumer Protection Concerns

Subscriptions and Renewals

New York City Proposes Strict Click-to-Cancel Subscription Requirements FTC's "Click-to-Cancel" Rule Challenged by Industry in the Eighth Circuit FTC Announces Final “Click-to-Cancel” Rule on Negative Options, Autorenewals, Free-to-Pay, and Subscription Services

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

New Prize Tax Rules Raise the 1099 Threshold for Sweepstakes and Contests Eight Questions Advertisers Should Be Asking About Tariffs Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

Technology

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

Telemarketing

Fifth Circuit Limits TCPA Prior Express Written Consent Requirements FCC Delays Revoke All Consent Rule for Robocalls and Text Messages Until 2027 Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in Texas

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

IEEPA Tariffs Invalidated: Rising Class Action Risk for Consumer Pricing Supreme Court Stay Sets Stage for Reconsidering Humphrey’s Executor Legal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC Commissioner

Uncategorized

Now Available: Venable's Advertising Law Tool Kit – 14th Edition Now Available: Venable's Advertising Law Tool Kit – 13th Edition State Privacy Laws: An Excerpt from the Advertising Law Tool Kit

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