Searching Content indexed under Advertising, Marketing & Branding by Neil Austin ordered by Published Date Descending.
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Recent FTC And FDA Warning Letters May Hold Lessons For Cannabis Advertisers
Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture
United States
22 Jul 2019
Pillow Fight: Consumer Advocacy Group Targets Pillow Manufacturer's "Deep Sleep" Advertising Claims
We have written many times about the key players in U.S.-based advertising regulation: the Federal Trade Commission, the National Advertising Division, and states' attorneys general.
United States
23 Jan 2019
A Trap For The Unwary: Cannabis Health Claims Likely To Draw Scrutiny From Advertising Regulators
But some advertising statements go further, promoting particular strains and products as having positive health effects.
United States
7 Nov 2018
Regulators Step Up Scrutiny Of Cryptocurrency Advertising As Industry Stance Softens
We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs.
United States
18 Jul 2018
British Regulator Seeks To Stamp Out Harmful And Offensive Gender Stereotypes In Advertising
The wedding of Prince Harry and Ms. Meghan Markle is officially in the books.
United States
8 Jun 2018
Retro-Grade: Old-School Chewing Gum Ad Raises Modern Claim Substantiation Issues
Welcome to another installment of Retro-Grade, where we take a trip down memory lane, looking at classic ads from days of yore and examining issues that might arise if those ads were run today.
United States
16 May 2018
Class Action Plaintiffs Target Snack Foods In Latest Round Of "Slack-Fill" Suits
Have you ever purchased a bag of snacks only to open it up and feel cheated by the air-to-snack ratio?
United States
18 Apr 2018
Marijuana Ad Rules Set In Massachusetts, But Federal Prohibition Creates Uncertainty
We posted in January about proposed regulations for advertising adult-use marijuana in Massachusetts once retail sales begin on July 1, 2018.
United States
6 Apr 2018
Retro-Grade: Vintage Taste Test Claim Offers Lessons For Today's Advertisers
We are not at liberty to disclose the details of our proprietary grading scheme, but suffice it to say it is neither rigorous nor scientific.
United States
26 Mar 2018
Bitcoin Takes A Hit As Cryptocurrency Advertising Faces Increased Scrutiny
Crypto is a Greek prefix meaning "secret" or "hidden." Unless you live under a rock, or in one of several countries like Bolivia where buying and selling it is illegal, there is nothing secret or...
United States
20 Mar 2018
The Adver-Series: State Attorneys General Play Increasing Role In Advertising Regulation
Every day, consumers are bombarded with advertising messages.
United States
14 Mar 2018
Thoughts On KFC's Extra Crispy British Apology Ad
Last week, KFC restaurants published a full-page advertisement in British newspapers to apologize for a chicken shortage that had closed a number of its locations.
United States
9 Mar 2018
Cannabis Regulators Establish Ground Rules For Marijuana Advertising In Massachusetts
With the first retail sales of adult use marijuana slated to take place in just over five months, the Massachusetts Cannabis Control Commission (the "Commission") is working overtime to regulate an industry ...
United States
31 Jan 2018
10 Marketing Law Takeaways From ANA/BAA 2017
We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week.
United States
20 Nov 2017
Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims
Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. the developer and franchisor of a chain...
United States
1 Jun 2016
AdCode 2.0: Better Business Bureau Updates Advertising Code to Keep Up With Technology
The Better Business Bureau announced last Thursday that it has amended its Code of Advertising to address the new and evolving ways in which advertisers reach consumers through technology.
United States
20 Feb 2015
Dispatch From NYC: Annual National Advertising Division (NAD) Conference Is In Full Swing
The National Advertising Division is holding its annual conference this week in New York, and Foley Hoag is in attendance for what many consider to be the leading conference of its kind.
United States
11 Oct 2014
Milk Dud? False Advertising Lawsuit Against Makers Of Muscle Milk Illustrates Interplay Between Lanham Act, FTC And FDA
Global Beverage Enterprises, Inc. brought Lanham Act claims against CytoSport, Inc., alleging false advertising of CytoSport’s popular Muscle Milk.
United States
19 May 2014
Dot Com Disclosures 2.0: FTC Updates Online Disclosure Guidelines To Address Changes In Digital Advertising
Nearly thirteen years after issuing guidelines governing online advertising, the Federal Trade Commission recently updated its so-called Dot Com Disclosures to take account of the many changes to the online world that have occurred over those intervening years.
United States
21 Mar 2013
FTC's 2012 Green Guides: What Does It Mean For Your Advertising Strategy?
Over the past several years, consumer class actions alleging unfair and deceptive advertising practices have risen sharply, often as a result of class action lawyers simply paying attention to competitor disputes concerning claim substantiation.
United States
29 Oct 2012
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