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FTC SETTLEMENT WITH AD AGENCY MARKETING ARCHITECTS: “SHARED LIABILITY” IS ALIVE AND WELL

By D. John Hendrickson In a wake-up call to advertising agencies, the Federal Trade Commission and ad agency Marketing Architects, Inc. have entered into a settlement requiring the ad agency to pay $2 million to the FTC and the State of Maine Attorney General’s Office for its role in creating allegedly false and deceptive radio ads for weight-loss products on behalf of its client, Direct Alternatives. There is well-established precedent for the proposition that any.

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NAD DECISION IN STUBHUB CASE: SERVICE FEES MUST BE DISCLOSED UPFRONT

By D. John Hendrickson StubHub’s price disclosure practices have come under scrutiny by the National Advertising Division (“NAD”) of the Council of Better Business Bureaus, and NAD’s decision last month critical of these practices has implications for all online marketers of consumer goods and services. At issue in the StubHub inquiry was the manner in which StubHub discloses its services fees to customers and whether these disclosures are adequate to properly inform consumers of the.

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FORECAST FOR NEGATIVE OPTION AND CONTINUITY PROGRAMS: CLOUDY CONDITIONS GIVING WAY TO HIGH PRESSURE SYSTEM

By D. John Hendrickson If there has been any doubt among marketers and their legal counsel regarding the landscape for so-called negative option and continuity marketing programs in the coming year, recent developments in regulatory enforcement evidence a trend toward enhanced scrutiny and oversight of these programs. Just last week, AdoreMe, Inc. agreed to a settlement of Federal Trade Commission charges that the company engaged in deceptive acts or practices in the marketing and operation.

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Celebrity Influencers: The FTC Premieres a Sequel

In June 2017 we posted a story about the Federal Trade Commission sending letters to 90 celebrities and brands for failing to properly disclose material connections with the brands or products promoted on social media. At the time, the celebrities and the companies received warning letters reminding them of their obligations to include #sponsored or #ad for promotional messaging. On September 6, 2017, the FTC sent a new round of letters to 21 celebrities, and.

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CHECKLIST FOR DRAFTING STATEMENTS OF WORK

CHECKLIST FOR DRAFTING STATEMENTS OF WORK (HINT: NOT JUST A FORM) By D. John Hendrickson Not too long ago, the typical ad agency services agreement was a pretty simple document that included, among other things, industry-standard provisions identifying the products to be advertised, the services to be provided, and the fees to be paid for these services. However, with the ongoing convergence of technology, media and advertising, the agency services agreement now incorporates contract provisions.

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NO WHITEWASH OF ENDORSEMENT CLAIMS IN PROPOSED FTC SETTLEMENT WITH PAINT COMPANIES

By D. John Hendrickson Marketers interested in the regulation of “green” claims in the home paint category will want to take notice of the Federal Trade Commission’s proposed settlement this week with four paint companies who were alleged to have made deceptive claims that their products were emission-free or contained zero volatile organic compounds (VOCs). But all marketers should take note of the additional settlement terms for two of the companies, who were alleged to.

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QUICK START GUIDE: COMPLYING WITH FTC GUIDANCE CONCERNING SOCIAL MEDIA INFLUENCER CAMPAIGNS

By D. John Hendrickson As you probably know by now, in April the Federal Trade Commission signaled its heightened concern with social media influencer campaigns that fail to disclose the existence of a business or family relationship between the influencer and the advertiser. As a clear indication of more serious enforcement to come, the Commission sent over 90 letters to marketers – including Adidas, Johnson & Johnson, and Dunkin’ Brands Group, Inc. – and their.

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FROM THE THREE STOOGES TO T3MEDIA: IS THE RIGHT OF PUBLICITY A COMEDY OF ERRORS?

By D. John Hendrickson “How can I ignite the fire in my heart when you’ve got your foot in my face?”  This quote from an episode of The Three Stooges probably explains best the angst of parties on all sides of the right of publicity debate when it comes to untangling court decisions and their interpretation of this state-based right. Last month’s decision by the Ninth Circuit Court of Appeals in Maloney v. T3Media, Inc..

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:60 SECOND ADVERTISING LAW CHECK-UP: OWNERSHIP OF CREATIVE MATERIALS

By D. John Hendrickson While many of our posts deal with legal issues involving advertising content, content is only part of the story when it comes to advertising law.  The other part is comprised of the agreements that underlie virtually all advertising campaigns. Among these is the agency services agreement, a document that is typically negotiated and signed while the advertiser and its agency are very much in the honeymoon stage, only to be revisited.

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Headache Inducing Headlines? Here’s 500 mg of Prevention.

In the end of March 2017, advertiser Magners Irish Cider accused Miller Lite and its advertising agency of using Magner’s HOLD TRUE tagline in a Miller Lite campaign. Magners went public and Tweeted “@MillerLite Imitation is the sincerest form of flattery they say…#HoldTrue.” While Magners was clearly having fun at Miller Lite’s expense, things could have taken a serious turn if Magners had accused Miller of trademark infringement. The Magners/Miller bar fight is a good.

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