Edited by Jeffrey D. Knowles and Gary D. Hailey

NEWS

NAD Continues Eyeing Native Advertising, FTC Coming Soon

This week, the New York Times wrote about the National Advertising Division's (NAD) continued interest in so-called "native advertising." In native advertising, marketers and publishers cooperate to drive advertising campaigns using editorial content. At the heart of the issue is whether consumers can tell the difference between the advertisements and bona fide editorial content. "I think we look at native advertising as a new label for a problem that we've been looking at for a long time, and that is advertising in deceptive formats," an NAD staff lawyer told the Times. The FTC has scheduled a workshop on native advertising for December 4.

Click here to read the New York Times story on native advertising.

Click here to read a blog post about native advertising and the FTC workshop by Venable partners Amy Ralph Mudge and Randal M. Shaheen on Venable's advertising law blog, www.allaboutadvertisinglaw.com.

ANALYSIS

Treble Damages in False Advertising Cases? It Can Happen

A recent $113 million jury verdict in Texas reminds us that the antitrust laws can come into play in false advertising suits and there are 339 million reasons companies should be concerned, writes Venable partner Leonard L. Gordon in a recent post to Venable's advertising law blog. The antitrust laws that automatically triple damages can come into play when an actor with monopoly or market power can be said to be unlawfully excluding its rivals through the use of advertising or marketing techniques.

Click here to read Gordon's analysis of the Texas case in a post to Venable's advertising law blog, www.allaboutadvertisinglaw.com.

Click here to read the jury's verdict in the case.

Made in USA Claims Very Much on FTC's Radar

With the federal government back in action this week, the FTC wasted no time continuing enforcement of its Made in USA standard, write Venable attorneys Amy Ralph Mudge, Randal M. Shaheen, and Mark S. Goodrich in a recent post to Venable's advertising law blog. The FTC alleged that although E.K. Ekcessories, Inc. claimed to manufacture its products in Utah, the majority were imported from overseas. In addition, the commission's complaint alleged that the company provided means and instrumentalities, in the form of marketing materials, to third-party retailers for the commission of deceptive acts or practices.

Click here to read the blog post by Mudge, Shaheen and Goodrich on Venable's advertising law blog, www.allaboutadvertisinglaw.com.

Click here to read the FTC's press release about the case, as well as the consent decree with which the company must comply.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.