Congratulations. You’re nearly to January 1 with new practices designed to address CCPA obligations. Hydrate, and grab an energy bar – you’re just hitting your stride. Up ahead, we’ll need to incorporate obligations under the final Attorney General CCPA regulations (finalized perhaps mid-summer?), potential new legislation, and perhaps changes from a ballot initiative, which just passed one of its own hurdles. On December 17, Californians for Consumer Privacy – the organization led by Alastair Mactaggart…

Last week, Grammy Award-winning singer-songwriter Jason Mraz filed a lawsuit against MillerCoors, arguing that the company used his song “I’m Yours” in an Instagram post promoting Coors Light without his consent. The post featured 13 seconds of Mraz performing the song with Coors Lite branding visible in the video. The caption read: “Kicking off summer with the World’s Most Refreshing Beer at the Beach Life Festival.” Mraz alleges that MillerCoors did not seek his permission,…

This week, NAD issued a decision in a case involving a commercial for Air Wick Scented Oil that includes some valuable lessons about claim substantiation. One version of the commercial starts with a family of four engaged in various activities while crowded into a small corner of an otherwise empty living room. A voiceover states: “You don’t live in one corner. Fragrance shouldn’t either. Air Wick’s new technology releases fragrance upwards and outwards. So now,…

Last week, the FTC announced that AT&T had agreed to pay $60 million to settle litigation over allegations that the company misled customers by advertising “unlimited” data plans that were subject to significant limitations. If you work in the mobile or broadband spaces, you should check out this analysis by our friends at CommLaw Monitor. But the settlement includes some valuable lessons, even if you don’t work in those spaces. Andrew Smith, Director of the…

On a new episode of the Ad Law Access Podcast, Gonzalo Mon provides an update for individual influencers on the FTC’s new guide and video designed to help influencers understand their responsibilities regarding when and how they should disclose the relationships they have to the brands they endorse. For additional information see the Ad Law Access blog posts: FTC Releases New Guide for Influencers Yoga Influencers’ Disclosures Show Limits of Flexibility Influencer Marketing Council Provides …

Yesterday, the FTC released a new guide and video designed to help influencers understand when and how they should disclose the relationships they have to the brands they endorse. The guidance doesn’t break new ground, and readers of this blog shouldn’t find too many surprises, but it does summarize the key requirements in an easy-to-read format. Here are some key points: The term “endorsement” should be read broadly. For example, simply tagging a brand, without…