Michael S. Isselin

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On August 15, Danielle A. Singer and her company Project Therapy, LLC (dba Therapy Threads) filed a class-action complaint against Facebook, Inc. over its claims concerning ad audiences. According to the Complaint, Facebook overstates its audience metrics in order to induce advertisers to spend money on ads on the platform. The plaintiffs allege, in part, that Facebook’s statements regarding the “Potential Reach” of ads placed on the platform are so inflated that they contradict census…
Apparently even the Food and Drug Administration (FDA) is on board with ‘90s nostalgia. This week, the agency effectively rebooted the nearly 20-year-old debate on whether alternative milk and plant-based drink products should fall within the definition of “milk”. The FDA governs the proper labeling of foods, including ensuring that foods conform to a certain “standard of identity”. FDA Commissioner Dr. Scott Gottlieb spoke at a Politico event this week, in part discussing the standards…
The Association of National Advertisers (ANA) released version 2.0 of the ANA Master Media Buying Services Agreement.  The original template was issued in July 2016 as a supplement to the ANA’s landmark report on media transparency, conducted with K2 Intelligence. Among other aspects, the new template includes language designed to reflect best practices on a global level so advertisers outside the United States can, with some local modifications, include it in their contracts, as well as…
Social media influencers are constantly competing for likes, partnerships, and ways to differentiate themselves from others. A surefire way to distinguish oneself in the ever-growing sea of social influencers? Being a robot. Computer generated social media influencers like Lil’ Miquela and Shudu have racked up millions of Instagram followers and likes and have secured several campaigns for high-end designers. Miquela additionally supports political causes on her Instagram and has even released a few songs on…
A proposed class of approximately 3,000 former college athletes recently filed an appeal in the Seventh Circuit against FanDuel and DraftKings. The players are reviving their proposed class action, claiming that FanDuel’s and DraftKings’ use of the players’ images on their websites does not fall within the newsworthy or public interest exceptions to Indiana’s right of publicity statute. FanDuel and DraftKings used the players’ images, names, and statistics on their sites to operate their fantasy…
Moberg Pharma filed a NAD challenge against Kramer Laboratories, Inc. regarding the name of Kramer’s nail product. Kramer’s “Fungi-Nail Toe & Foot” product competes in the market with Moberg’s “Kerasal Fungal Nail Renewal” product.  At issue was whether the name of Kramer’s product—Fungi-Nail Toe & Foot—implies that the product effectively treats toenail fungus.  The NAD can recommend a product name change if the name itself creates false or misleading messages to consumers. According to Kramer,…
Kirkland, Inc. will face a putative class action for allegedly violating the Fair and Accurate Credit Transactions Act (“FACTA”). The plaintiffs filed their complaint against Kirkland in April 2017 for displaying the first six and the last four digits of their credit card or debit card numbers on their purchase receipts.  According to the plaintiffs, this increased their risk of facing credit card fraud and identity theft.  Kirkland countered, arguing that the case should be…
Last month, the Children’s Advertising Review Unit (“CARU”) referred claims by Dave & Busters Entertainment, Inc. to the Federal Trade Commission (FTC). CARU’s initial inquiry involved Dave & Busters advertising that aired during children’s programming.  The ad started with large text that stated “Free Video Game Play”, and a voiceover said “Dave & Busters has free video game play weekdays this summer.  You can buy a power card for $50 and play video games for…
Beginning today, October 27, 2017, Producers can take advantage of the new Commercials Low Budget Digital Waiver. SAG-AFTRA and the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations (JPC) worked together to negotiate this waiver for low budget digital productions, recognizing the parties’ focus on the growth of digital advertising. The waiver applies to commercials made for the Internet and New Media (including social media) with a production budget of $50,000 or less per…
And the big “winner” is (drumroll) … the Italian Competition Authority. A multinational electronics company was a most recent victim of the stringent Italian prize promotion regulations — to the tune of € 3.1 million (or roughly US$3.37 million). The costly sanctions were imposed on the company by Italian authorities for, among other issues, unfair commercial practices. The authorities challenged the execution of some of the company’s promotions, claiming that the advertising for the promotions…