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.
Artist Diana Perez filed a copyright infringement lawsuit in Colorado federal court against a cannabis company and two advertising agencies over allegations that her street mural was featured in advertisements for cannabis-infused essential oil products without her permission.
According to…
Last month, a putative class action was filed against Starbucks, Inc. in California federal court alleging that the coffee giant is tricking customers into purchasing larger espresso-based drinks when they contain the same amount of caffeine as the smaller size.…
This month, the Federal Trade Commission (“FTC”) announced that it reached a settlement with the operators of a website that compares student loans and other financial products over allegations of misleading ratings and reviews.
According to the FTC’s complaint, LendEDU…
A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS)…
On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about…
Introduction
On February 6, 2020, the New York Supreme Court’s Appellate Division, Third Department upheld a lower court ruling from 2018 which held that daily fantasy sports (DFS) contests amount to illegal gambling, and are thus unconstitutional in the state.…
Last month, prominent advertising watchdog, Truth in Advertising, Inc. (“TINA”), notified the California Food, Drug and Medical Device Task Force (the “Task Force”) in a formal complaint letter that Gwyneth Paltrow’s lifestyle brand Goop is violating a 2018 stipulated judgment…
Last month, a former Bachelor contestant was stripped of her $1 million prize won in a DraftKings online fantasy football contest after the company opened an investigation into the win amidst accusations of collusion.
As we previously wrote about here, Jade…
Last month, a putative class action lawsuit was filed in New York federal court against Charlotte’s Web, Inc., a Colorado-based maker of cannabidiol (“CBD”) oils, balms and gummies claiming that its website is not accessible to visually impaired shoppers, in…
Last month, a New York based fabric manufacturer, Klauber Brothers Inc., filed a copyright infringement lawsuit in California federal court against apparel companies owned by Kendall and Kylie Jenner for allegedly stealing the company’s lace designs and using them to…
