As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it. In recent years, state and federal regulators have made it
Latest from Advertising & Marketing Law Blog
Watch Now: Advertising Best Practices for the Generalist In-House Counsel
Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies.
In
Diet Soda and Space Aliens
Partner August Horvath recently analyzed a decision by the Ninth Circuit Court of Appeals affirming dismissal of a case alleging that calling a soft drink a “diet” soda communicates consumers that you are selling a weight-loss product. As August notes,
Watch – IP Enforcement on Online Marketplaces: Strategies for In-House Counsel
As commerce becomes increasingly electronic and decentralized, manufacturers and brand owners face new challenges in protecting and enforcing their intellectual property rights in the context of online marketplaces. IP owners, courts and the marketplaces themselves are struggling to define fair,
Watch: IP and Advertising Basics for Cannabis Companies
Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications that demand special consideration, and companies should be paying attention to these issues out of the gate.
Foley
Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers
Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”). While the letters focus on the nicotine content
Watch: Advertising Class Actions for the Generalist In-House Counsel
Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds, have made them more attractive to plaintiffs. But there are
Phantom Savings: Bargain Shoppers Cry Foul Over Alleged Fictitious Pricing Schemes
On March 19, 2017, Marilu Calderon went shopping at the Kate Spade outlet store in Carlsbad, California, and a “Flavor of the Month” charm pendant caught her eye. The price on the tag was $78.00, but in-store signs stated that
FDLI Food Advertising, Labeling, and Litigation Conference Now Accepting Proposals
A scene from the 2018 FDLI Food Advertising, Labeling and Litigation Conference.
- Modernization of Food Claims, Nutrient Content Claims, and Health Claims
- Plant-Based Food Products, Clean Meat, and Cellular Agriculture
- Supply Chain Risk Considerations and Marketing Claims
- Standards of Identity
Watch – Fake and Biased User Reviews: The Current State of the Law
Fourteen thousand, eight hundred and fifty-nine reviews! Four and a half stars! Who can resist these authentic, crowd-sourced endorsements of a product or service? Studies and market results show that consumers rely heavily on user-submitted reviews in choosing among products