As anticipated by those watching this space, Hermès filed a lawsuit in New York federal court against Mason Rothschild, an individual who created a collection of non-fungible tokens (NFTs) called “MetaBirkins,” which depict fuzzy versions of the iconic Hermès Birkin
AdLaw By Request®
Information, news and updates on legal and regulatory activities pertaining to advertising and marketing around the globe
AdLaw By Request®, published by Reed Smith LLP, focuses on legal issues related to advertising, marketing, and promotional activities. The blog covers topics such as regulatory compliance for live-event promotions, risks and liabilities in influencer marketing, Federal Trade Commission enforcement actions on advertising claims, digital accessibility laws and related statutory damages, and charitable fundraising regulations. It addresses practical legal considerations for businesses engaging in promotional campaigns, including permit requirements, insurance, and local jurisdictional rules. The blog also discusses recent legislative developments affecting advertising and marketing practices, providing insights into compliance and risk management strategies.
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2022 fashion trend: New York fashion legislation addressing environmental sustainability and social accountability
By Emily Faro & Keri S. Bruce
The Fashion Sustainability and Social Accountability Act, a new New York Bill (the Bill), was introduced in October and was referred to a legislative committee on January 5, 2022. The goal of the Bill, which is sponsored by State Senator…
Bimbo Bakeries Beats Back All-Butter Label Suit
The Southern District of New York dismissed a putative class action against Bimbo Bakeries (the parent company of Entenmann’s) that alleged the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the product contained soybean oil and artificial flavors,…
FTC Gone Viral: Commission Puts 700+ Companies on Notice About Deceptive Endorsements
Yesterday the Federal Trade Commission (“FTC”) announced that it sent “Notices of Penalty Offense” (the “Notice”) to over 700 companies in nearly every industrial sector, ranging from leading retailers, tech platforms, top consumer product companies, and major advertising agencies, warning…
Reliance on sweepstakes official rules to avoid litigation requires publication
No one who plans and operates a promotional sweepstakes wants to litigate over the prizes. But one of the primary reasons an operator wants a set of experienced eyes on a set of Official Rules is to ensure that the…
Joint Commitment: Alcohol Producers and Major Agencies Create Standards for Influencer Alcohol Marketing
The International Alliance for Responsible Drinking (IARD), which represents major global alcohol producers, partnered with leading advertising, public relations and influencer agencies to sign an Influencer Pledge that sets standards and rules for influencers who market alcohol on social channels.…
Personavera v. CHIME: An Innovation Contest Goes Sour
A lucrative prize incentive can be the engine for an exciting and socially beneficial innovation competition. Despite the good intentions of the organizer, a lot can go wrong even when the sponsor is a nonprofit. An innovation contest generally promotes…
Facebook Demolishes Housing Ad Discrimination Suit
The Northern District of California has dismissed for the third and final time a proposed discrimination class action against Facebook that challenged Facebook’s former tool that allowed advertisers to select target audiences for their housing advertisements in violation of the…
Mexico leads media transparency efforts with new law
On April 30, 2021, the Mexican Chamber of Senators and Deputies passed a new law on “Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting.” The law seeks to eliminate and prosecute non-transparent media practices between advertisers, media owners,…
Sweet Victory: Ninth Circuit Affirms Dismissal of Trader Joe’s Honey False Ad Suit
The Ninth Circuit affirmed the dismissal of a class-action lawsuit that alleged Trader Joe’s Manuka Honey product labeling was misleading. Trader Joe’s marketed its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey.” Plaintiffs…