Google recently ran two commercials for its YouTube TV service, each of which ended with the following tagline: “More than cable. For $600 less than cable.” A disclosure at the bottom of the screen explained: “Annual average savings based on
Ad Law Access
Updates on Advertising and Privacy Law Trends, Issues, and Developments
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Mounting Focus on Data Brokers: Is More Regulation Coming?
During the past year, there’s been a flurry of regulatory activity related to data brokers. Whether in Congress or state legislatures, at federal agencies or the White House, many policymakers are pushing in the direction of increased regulation. For those…
The FTC Collaboration Act: Benefits for the Business Community
On October 10, 2022, the FTC Collaboration Act of 2021 became law. The Act’s stated purpose is to enhance cooperation between the Federal Trade Commission (FTC) and state attorneys general (AGs) in combatting unfair and deceptive practices. The Act requires…
FTC Warns That Deceptive AI Content Ownership Claims Violate the FTC Act
The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t just give rise to…
This Summer’s Hot Topic: AGs and AI
This summer has been hot all around, but perhaps the hottest topic on the minds of state attorneys general (AGs) continues to be artificial intelligence (AI). As we recently heard from Colorado Attorney General Phil Weiser, AI is a big…
FTC Assesses Primary Purpose of Emails in CAN SPAM Enforcement
As most people know – either from professional or personal experience – the CAN SPAM Act requires companies who send “commercial” email messages to give consumers an opportunity to opt-out of receiving those messages in the future. The opt-out requirement…
NAD Reads into Emojis
Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media post featured a headline “Powerade vs. Gatorade Thirst Quencher”…
NARB Decision Holds Lessons for Claim Substantiation
NARB recently announced a decision in a case involving various claims that Shark Ninja made in an infomercial for its Shark Stratos Powered Lift-Away vacuum cleaner, including claims about how well the vacuum picks up hair and how well it…
Spilling the Tea on Made in USA Claims
We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the Central…
Texas AG, Arkansas AG, and FTC Don’t Bless Pyramid Scheme “Blessings in No Time”
Last week, BINT Operations LLC aka “Blessings in No Time” (“BINT”) and its owners resolved two separate, but coordinated, lawsuits stemming from states’ and the FTC’s investigations alleging perpetration of an illegal pyramid scheme.
BINT allegedly operated a deceptively marketed…