Maura Marcheski

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We are close to live blogging from the annual NAD Advertising Law Conference and for those who could not join us, we wanted to share highlights from its opening — keynote speaker FTC Chairwoman Edith Ramirez.  The FTC typically uses this conference to lay out its enforcement priorities relevant to national advertisers and gives us all a peek into the crystal ball for the coming year.  So here’s what we heard.…
Who doesn’t want young-acting skin?  We’re not talking about the way skin acted in the zits-on-picture-day years, but rather the dewy glow of innocence – the Code of Youth. L’Oréal USA, Inc. addressed our anti-aging desires in a popular line of ads for Lancôme Génifique and L’Oréal Paris Youth Code skincare products.  But this week the company settled with the FTC on deceptive advertising grounds.  According to the complaint, L’Oréal made false and unsubstantiated claims…
On March 20, 2014, the FTC issued a closing letter to Cole Haan that will affect all kinds of advertisers (and advertisements) on social media.  In particular, it will impact the way that brands interact with users on Pinterest and tell their users to use hashtags in contests and other types of promotions.  So advertisers, #listenup! The FTC took issue with the shoemaker’s “Wandering Sole” contest on Pinterest, which called for people to…
Anyone who has ever been on a date knows that dating rituals are all about false advertising. “No, I don’t mind doing the dishes after dinner.”  “I have a great relationship with my family.” “Oh please, let me get the check.” But earlier this week, we were treated to a new twist on a modern dating disaster when a lovelorn (and now broke) New Yorker filed a lawsuit against OKCupid after he was conned out…
As we shiver and bundle up against the Polar Vortex here in DC, we are fast approaching the biggest event of the advertising year—the Super Bowl®—held for the first time in the wintry conditions of New Jersey).  With the Olympic Games® in Sochi, Russia after that, and March Madness® following soon thereafter, February and March will be an orgy of watching televised sports for most of us—except for those poor souls who…
Some of us (not naming names) began 2014 with self-driven promises to go to the gym instead of watching Bravo, to opt for that kale salad instead of the truffle oil risotto, and to start doing calf raises while brushing our teeth.  Small steps. Meanwhile, the FTC got into the spirit of the season by holding a press conference called “Operation Failed Resolution” which gave tips to media, marketers and consumers alike for…
On December 4 before a packed house, the FTC held its much-anticipated workshop on native advertising, Blurred Lines: Advertising or Content?, which examined the practice of blending of advertisements with news, entertainment, and other editorial content in digital media.  And like Robin Thicke’s summer hit itself, the FTC’s workshop raised a lot of questions (and eyebrows) about the future of the medium. In case you missed it, here are some of the highlights. Chairwoman Ramirez…
The Boy Scouts of America failed to get their compliance badge from CARU earlier this month after the BSA ran a sweepstakes ad that lacked the appropriate odds of winning disclosures.  The BSA’s Boy’s Life Magazine failed to include the “Many Will Enter, Five Will Win” odds statement in the magazine’s ad announcing the sweeps, even though the odds were included in the full rules and on the website where the kids could enter.…
We all know that sweepstakes and contests can be vulnerable to enforcement and litigation, but did you know just how many ways your company can hold a losing ticket when running a prize promotion?  Let’s review some of sweepstakes and contests that got caught in red over the past few months to see the variety of ways a prize promotion can go bust.…
Back in the day people worried that their real fur might be fake. But it seems that now you also have to worry that your fake fur is actually real. The FTC recently approved final settlement orders with Neiman Marcus, DrJays.com and Eminent Inc., after the retailers allegedly sold real fur products that they advertised as fake fur. The FTC charged the actors in the faux faux fur scandal with violating the Fur Act and…