Sometimes advertising is like real estate, where the three most important things are: location, location, location. In advertising, it is often: context, context, context. And never more so than with puffery.
Two recent National Advertising Division (NAD) decisions provide a
Companies may spend significant time and resources carefully drafting their online terms and conditions, but those terms will not do much good if consumers are not adequately put on notice of them. A recent Ninth Circuit decision provides another reminder
California has joined New York in regulating the use of AI-generated human performers in advertising. Gov. Gavin Newsom signed Senate Bill 1050, which requires advertisers to clearly and conspicuously disclose when an advertisement prominently features a “synthetic performer.”
The
The Federal Trade Commission’s Bureau of Consumer Protection (BCP) has announced a new program that gives businesses and industry groups a new way to seek guidance about ambiguities in FTC rules.
How the FTC Rule Guidance Program Works
Under the
The decision reaches beyond competitor false advertising claims, with potentially significant implications for FDA, FTC, state consumer protection, and other regulatory enforcement.
Executive Summary
The Tenth Circuit’s decision in KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc. may ultimately be remembered
The Federal Trade Commission (FTC) is seeking public comment on a proposed enforcement policy statement regarding personalized pricing—the practice of using individual consumer data to set prices according to how much the consumer appears willing to spend.
Stopping short of
Social clipping has become one of the fastest-growing social media marketing strategies because it helps long-form content reach much larger audiences. Instead of relying on platform algorithms to promote an entire podcast, livestream, webinar, or interview, brands and creators encourage
Making environmental marketing claims is already difficult. Between California’s evolving requirements, the Federal Trade Commission’s (FTC) Green Guides, and a growing number of state laws, even well-intentioned companies can struggle to determine what they can say on product packaging.
Congress
The term “negative option” generally references subscriptions, automatic renewals, continuity plans, or other programs where consumers continue to be charged unless they cancel.
However, a recent New York federal court held that unless a consumer unchecks a box, a one-time
A Utah federal judge recently dismissed Xlear, Inc.’s lawsuit challenging the Federal Trade Commission’s (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear’s challenge was not ripe for judicial review. Because Xlear could not identify a final agency
