Category Archives: Advertising

ICC Launches Free E-Course on Responsible Marketing and Advertising

By Sheila Millar on February 5, 2018 Posted in Advertising

The International Chamber of Commerce (ICC) Commission on Marketing and Advertising has launched a free, two-hour interactive ethical marketing and advertising course designed to help companies and other stakeholders apply the fundamental principles of the ICC Marketing Code. Created in conjunction with the ICC Academy and modeled on a program developed by international business school… Continue Reading

Dietary Supplement Company and its Endorsers Settle with FTC Over Deceptive Marketing Claims

By Tracy Marshall and Nathan Cardon on September 5, 2017 Posted in Advertising

Remember those ads from the 80s where an actor would start a medicine endorsement with the disclaimer: “I’m not a doctor, but I play one on TV”? A recent Federal Trade Commission (FTC) settlement order relating to the marketing of the dietary supplements CogniPrin and FlexiPrin is a good reminder about the importance of using… Continue Reading

FTC Warns Influencers to be Clear About Endorsements on Social Media

By Sheila Millar, Tracy Marshall and Nathan Cardon on April 20, 2017 Posted in Advertising

Everyone who is anyone is on Instagram these days, apparently. But not all posts on the photo-sharing platform are purely organic; some result from material connections between influencer or celebrity posters and the brands or products they are endorsing. This connection is not always made clear to viewers, however, according to the Federal Trade Commission… Continue Reading

FTC Takes on “Made in the USA” Claim for Second Time This Year

By Sheila Millar on March 16, 2017 Posted in Advertising

“Made in the USA” is an attractive selling point for many consumers who want to support homegrown industry, so it is the topic of many advertising claims for a variety of products. But to establish that a product is American-made, manufacturers have to show all its key parts were made here. And if steel tags… Continue Reading

Sealed: Three IT Companies Settle FTC Deceptive APEC Privacy Claims

By Sheila Millar, Tracy Marshall and Nathan Cardon on March 1, 2017 Posted in Advertising, Privacy

If a business advertises it is a member of a privacy program, even a voluntary one, it had better be, according to the Federal Trade Commission (FTC). In separate but related complaints, the FTC alleged that three businesses – software provider Sentinel Labs Inc., private messaging app developer SpyChatter Inc., and cybersecurity software company Vir2us… Continue Reading

FTC Finds Water Company Claims Are All Washed Up

By Sheila Millar, JC Walker and Nathan Cardon on February 8, 2017 Posted in Advertising

The push to “Buy American” aims to encourage consumers and businesses to support homegrown industry. So, when a water filter maker’s claims of “buil[t] in the U.S.” didn’t hold water, the company quickly found itself in a sea of trouble with the FTC. Georgia-based iSpring advertised and sold its water filter to consumers on its… Continue Reading

Millar to Speak on Green Marketing at Foodservice Packaging Conference

By Keller and Heckman on May 3, 2016 Posted in Advertising

Environmental claims are attractive to marketers because they are attractive to consumers. The Federal Trade Commission (FTC) has issued guidance—the Guides for the Use of Environmental Marketing Claims, or Green Guides—to help industry assess what consumers will understand about various “green” claims. Among the most important claims is whether a product is “recyclable,” and determining… Continue Reading

Children’s Confection Advertising Initiative Launched

By Sheila Millar and Nathan Cardon on March 16, 2016 Posted in Advertising

The newly launched Children’s Confection Advertising Initiative (CCAI), modeled on the Children’s Food and Beverage Advertising Initiative (CFBAI) and its Core Principles, is the latest food industry self-regulatory announcement under which participants agree to limit advertising to children under 12 or in elementary schools (from pre-kindergarten through sixth grade). The Council of Better Business Bureaus… Continue Reading

FTC Extends Comment Deadline on Proposed Changes to Jewelry Guides

By Sheila Millar and Nathan Cardon on March 9, 2016 Posted in Advertising, Labeling, Regulations

The Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments are now due June 3, 2016, instead of April 4, 2016.… Continue Reading

Supreme Court Refuses to Moot TCPA Class Action, Leaving Business Open to More Suits

By Sheila Millar, Tracy Marshall and Nathan Cardon on January 21, 2016 Posted in Advertising, Litigation, Regulations

The Supreme Court yesterday denied an attempt by a defendant to moot a class action under the Telephone Consumer Protection Act (TCPA), 48 Stat. 1064, Pub. L. 102–243 (Dec. 20, 1991) (codified at 47 U.S.C. § 227), on the basis of an unaccepted settlement offer to the named plaintiff. The case, Campbell-Ewald Co. v. Gomez,… Continue Reading

Brain-Training App Maker to Pay $2 Million to Settle FTC False Ad Claims

By Sheila Millar, Tracy Marshall and Nathan Cardon on January 6, 2016 Posted in Advertising, Litigation

Lumosity, an online site and smartphone app, is supposed to help its users train their brains so they can achieve their “full potential in every aspect of life.” Unfortunately, the company was unenlightened when it came to avoiding false advertising claims. According to the Federal Trade Commission (FTC), the company claimed that using its products… Continue Reading

FTC Issues Enforcement Policy Statement and Guidance on “Native Advertising”

By Sheila Millar, Tracy Marshall and Nathan Cardon on December 30, 2015 Posted in Advertising

“Native Advertising” has been on the radar screen for several years, with consumer groups, businesses and regulators alike considering what the rules of the game should be to avoid deception as the nature of publishing and advertising continue to evolve at a dizzying pace. Those rules became clearer on December 22, 2015, when the Federal… Continue Reading

Two App Developers Agree on COPPA Settlement with FTC

By Sheila Millar, Tracy Marshall and Nathan Cardon on December 18, 2015 Posted in Advertising, Privacy

Two app developers have settled complaints from the Federal Trade Commission (FTC) that they allowed third parties to collect information, including persistent identifiers, through their apps, and allowed third parties to serve advertising to children, in violation of the Children’s Online Privacy Protection Act (COPPA). The FTC’s announcement was released the same day it announced… Continue Reading

Tips for Writing Social Media Policies

By Sheila Millar, Tracy Marshall and Nathan Cardon on July 15, 2015 Posted in Advertising, Data Security, Privacy, Regulations, Sweepstakes & Promotions

As many marketers spend a large and growing share of the ad spend on social media, basic principles of truthful advertising must be kept in mind and applied in the new and varied media. After all, the platforms may change, but the underlying requirements do not. Thus, for responsible marketers, a robust social media policy… Continue Reading

FCC Releases Much-Anticipated TCPA Declaratory Ruling and Order

By Tracy Marshall on July 14, 2015 Posted in Advertising, Data Security, Privacy

As we previously reported, the Federal Communications Commission (“FCC” or “Commission”) adopted a significant Declaratory Ruling and Order on June 18, 2015 to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of “automatic telephone dialing systems” and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to… Continue Reading

Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order

By Tracy Marshall and Nathan Cardon on June 22, 2015 Posted in Advertising, Data Security, Privacy

At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing systems and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to consumers (“robocalls”). The… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

By Sheila Millar, JC Walker and Nathan Cardon on April 28, 2015 Posted in Advertising, Labeling, Regulations

A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels. The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

Perception of Deception

By Sheila Millar on January 15, 2015 Posted in Advertising, Labeling

In the advertising world, we know that deception lies in the eyes of the beholder. Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies. In private litigation, however, the question of consumer perception… Continue Reading

FTC Says #Gameover for Sony’s #Gamechanger Claims

By Sheila Millar on December 10, 2014 Posted in Advertising

The Federal Trade Commission (FTC) applies a couple of cardinal rules for advertisers playing in the social media space: tell the truth and disclose endorsement arrangements. Sony Computer Entertainment America LLC and its advertising agency Deutsch LA, Inc. apparently broke those rules in advertisements launching Sony’s PlayStation Vita (PS Vita) in 2012. Each agreed to… Continue Reading