Owlet Baby Care, Inc. advertised its “Smart Sock” baby monitor with prominent claims that the monitor offers parents “peace of mind,” and promises that babies will “be ok.” The ad message is qualified by disclaimers that the monitors are not
Covering Your Ads® Blog
Legal Issues Affecting Advertising, Marketing and Promotions
The Covering Your Ads® Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues related to advertising, marketing, and consumer protection. It covers topics such as regulatory compliance with advertising laws, intellectual property concerns in marketing, digital advertising challenges including endorsements and testimonials, pricing transparency regulations, and the legal implications of emerging technologies like NFTs in advertising. The blog also addresses litigation trends involving advertising claims, privacy and cybersecurity issues affecting marketers, and developments in consumer rights related to digital goods and services. It serves as a resource for understanding the intersection of advertising practices and evolving legal standards.
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CARU Takes Action Against Two More Mobile Apps
By Robert Hough
We recently wrote about the Children’s Advertising Review Unit’s privacy-related enforcement against two mobile apps for children on our Eye on Privacy blog. But there’s more! CARU also took action based on several advertising-related violations.
For the first app…
Faces and Names: Modern Issues in Athlete Publicity Licensing
California Senate Bill 206,[1] the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law would…
FTC Swats Public Relations Firm and Publisher for Misleading Olympic-Themed Mosquito Repellant Product Endorsements and Native Advertisements
By Ted Max
On November 20, 2018, the United States Federal Trade Commission (“FTC”) proposed two FTC consent orders against two Georgia-based companies, Creaxion Corporation (“Creaxion”) and Inside Publications, LLC (“Inside”) and their principals[1] concerning the promotion and advertising of Health Pro…
#Transparency: California’s Social Media DISCLOSE Act
With the backdrop of November midterm elections and social media executives testifying before Congress about foreign efforts to interfere in U.S. democracy, California lawmakers are working on finalizing a new bill aimed to promote transparency and accountability around political advertisements…
Is there a Unicorn Among ICO Issuers?
By James Gatto
The United States Securities and Exchange Commission (“SEC”) has indicated that nearly all initial coin offering (“ICO”) filings they have seen are securities offerings. Based on this expansive view, it may be more likely to find a Unicorn than an…
Kim Kardashian West Won the First CFDA Influencer Award: Will A CGI Supermodel Be Next?
By Chidera Anyanwu & Ted Max
It is no secret that the world of fashion is full of surprises. On Monday, June 4, 2018, Kim Kardashian West won the Council of Fashion Designer of America (“CFDA”) first-time Influencer Award and commented: “I’m kind of shocked I’m…
Winning the Gold: Why Venue Owners Need to Consider the Importance of Flexibility in Sponsorship Agreements
By David Sunkin & Jon Freedman
Sponsorship rights are a critical component of the revenue stream for almost every major venue in the United States. Long-term sponsorship deals not only provide much of the funding for new venues to be built, but they also support the…
Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads
By Ted Max
Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned skincare advertisements featuring digitally altered images because the advertisements…
Are Your Product Warnings Prop 65 Compliant? With New Changes Coming, It’s Time to Re-Evaluate
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. As we reported in our Environmental Blog, new Prop 65 regulations go in to effect August…