FORECAST FOR NEGATIVE OPTION AND CONTINUITY PROGRAMS: CLOUDY CONDITIONS GIVING WAY TO HIGH PRESSURE SYSTEM
Celebrity Influencers: The FTC Premieres a Sequel
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.
CHECKLIST FOR DRAFTING STATEMENTS OF WORK
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.
NO WHITEWASH OF ENDORSEMENT CLAIMS IN PROPOSED FTC SETTLEMENT WITH PAINT COMPANIES
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.
QUICK START GUIDE: COMPLYING WITH FTC GUIDANCE CONCERNING SOCIAL MEDIA INFLUENCER CAMPAIGNS
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.
FROM THE THREE STOOGES TO T3MEDIA: IS THE RIGHT OF PUBLICITY A COMEDY OF ERRORS?
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.
:60 SECOND ADVERTISING LAW CHECK-UP: OWNERSHIP OF CREATIVE MATERIALS
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..
Headache Inducing Headlines? Here’s 500 mg of Prevention.
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.
PRIVACY, UNFAIRNESS AND THE FIRST AMENDMENT: HAPPY BIRTHDAY CENTRAL HUDSON
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.
THE INTERNET OF THINGS GONE WILD: FTC ALLEGES DECEPTION IN MARKETER’S CLAIMS OF DEVICE SECURITY
By D. John Hendrickson March 17 of this year marks the 37th anniversary of oral arguments in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York 447 US 557 (1980), a case that should serve as a reminder that commercial speech is, in fact, entitled to First Amendment protection – something that is all too often overlooked in the legal analysis of advertising campaigns and the business practices that underlie them. In.
By D. John Hendrickson The FTC has filed a complaint in the Northern District of California alleging that D-Link Corporation, a Taiwan-based manufacturer, failed to take adequate steps to protect its routers and Internet cameras from readily preventable security flaws, and yet touted the security of its routers in the company’s promotional materials. The D-Link products at issue allow consumers to, among other things, monitor the security of their homes or the safety of young.