The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered between the FTC and several media and
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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FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “All Natural” Sunscreen Products
In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most luxurious and effective ingredients found in…
St. Louis Rams’ Relocation to Los Angeles Sets Stage for Colossal Stadium Naming Rights Agreement
On Tuesday, January 12, the NFL owners voted 30–2 to formally approve the relocation of the St. Louis Rams to Los Angeles, which concluded a hostile, multiple-year-long review process that ultimately deprives the city of St. Louis of its beleaguered…
Another Gambling Class Action Fails – Court Finds Social Casino Games Not Gambling
A Federal Court in Washington state dismissed a Plaintiff’s class action claims that social casino games using purchasable virtual casino chips constitute gambling under Washington state law. The Court found that the virtual chips have no “value” and therefore the…
Court Rules Virtual Currency Casino Not Illegal Gambling Despite Secondary Market
A Maryland Court recently dismissed a case in which Plaintiff alleged that a virtual currency casino within a social game constituted illegal gambling, despite the existence of a secondary market for the player accounts. For purposes of assessing whether the…
‘I Got 5 On It’: UFC Fighter’s Suspension for a Positive Marijuana Test Reeks of Controversy
At the Nevada State Athletic Commission (NSAC) hearing on September 14, 2015, UFC star Nick Diaz sat in silence as he heard state commissioners Francisco V. Aguilar, Skip Avansino, Pat Lundvall, and Anthony A. Marnell III deliberate on the future…
US Safe Harbor Regime Invalidated by Europe’s Highest Court
The Court of Justice of the European Union ruled this morning that the Safe Harbor regime, which enables transatlantic data transfers from the European Union to the United States, is invalid, thereby giving each national supervisory authority the chance to…
New Jersey Congressman Questions Legality of Daily Fantasy Sports
There is something to be said for keeping a low profile. Apparently, daily fantasy sports companies DraftKings and FanDuel are not fans of the idiom, as viewers that tuned in to week 1 action of the NFL were inundated with…
California Relaxes Its “Made in the U.S.A.” Law
To the consternation of many, California law has long imposed a “Made in the U.S.A.” standard that has been more stringent than the federal standard, requiring manufacturers of all types who wanted to make a country of origin claim to…
Ninth Circuit to False Advertising Class Actions: Drop Dead
On June 23, 2015, the Ninth Circuit in Cabral v. Supple LLC, — Fed. Appx. –, 2015 WL 3855142 (9th Cir. June 23, 2015) placed a significant hurdle in the path of false advertising class actions. Specifically, the Court…