A recent ruling of the Advertising Standards Authority (ASA) in the U.K. highlights the global crackdown on sponsored posts that do not make clear that they are advertising. A complaint was filed with the ASA about an Instagram post made by a popular make-up blogger…
Instagram is now home to more than 600 million users, including many popular brands, celebrities, online influencers, famous dogs, regular people and regular dogs (full disclosure this regular dog is mine). As its popularity has grown, especially with advertisers, regulators are taking a closer look…
California class actions are frequently in the news, often prompted by stories or controversies that have cable news abuzz or involve new cutting-edge technology. On March 16, 2017, a class action lawsuit was filed in San Francisco against Ivanka Trump Marks, LLC. Modern Appealing Clothing…
Comparative advertising can be highly effective in touting the advantages of a company’s products against those of its competitor, but the language used must be carefully crafted and accompanying visual depictions should be examined to determine if they convey an unintended message about the scope…
As expected, President Trump has tapped Commissioner Ajit Pai to Chair the new-look FCC. This is great news for proponents of TCPA reform but, as with all things Commission related, we may not see any tangible results from his ascension for some time. For the…
In previous posts, we’ve discussed the Federal Trade Commission’s significant enforcement efforts focused on two hot button issues: unsubstantiated health marketing claims and deceptive product endorsements. Once again, both came together in a Complaint and Settlement announced by the agency on December 12, 2016. The…
Last week we blogged about a recent decision of the National Advertising Division of the Better Business Bureau, holding that two YouTube videos for Rayovac brand batteries misleadingly communicated an unsupported “line” claim of superiority against all Energizer batteries. This post will discuss a second…
Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative advertising against competitors. The first decision, Spectrum Brands, Inc. (Case #6012 Oct. 26,…
In recent years, a boomlet of litigation – primarily in California – has arisen regarding the product known as “evaporated cane juice” or “ECJ.” The product – made by extracting fluid from crushed sugar cane, clarifying the fluid, evaporating the fluid to create a concentrate,…
Medical endorsements can be powerful selling tools for health care products. But if a medical professional has a connection to the company marketing the products that would be material to consumers in evaluating the credibility of the endorsement, the connection must be disclosed in advertising…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
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