United States: Advertising, Marketing & Branding

The Seventh Circuit's landmark decision in Steidinger v. Blackstone Med. Servs. fundamentally challenges whether text messages constitute "telephone calls" under the TCPA's Section 227(c)(5), potentially eliminating private rights of action for unwanted marketing texts across Illinois, Indiana, and Wisconsin. This ruling creates a significant circuit split with the Ninth, First, Second, and Eleventh Circuits, raising questions about nationwide SMS marketing compliance strategies and the likelihood of Suprem

When does "world's best" require substantiation, and when is it mere puffery? A recent NAD decision examining a sunscreen brand's "World's Best-Smelling Sunscreen" claim reveals that context is everything—the same statement can be puffery on a product label but transform into a substantiated claim when paired with star ratings and customer reviews on a website.

The creator economy has evolved from viral videos into a $500 billion industry by 2027, fundamentally reshaping entertainment, advertising, and media. As content creators transition from influencers to filmmakers and brand partners, while traditional studios embrace creator-led content, the legal frameworks governing these relationships must adapt to address complex issues spanning intellectual property, talent representation, data privacy, and regulatory compliance.

Google has introduced new transparency features across its advertising platforms to help users identify when generative AI has been used to create or modify advertisements. The updates include disclosure labels in the My Ad Center panel and visible overlays on ads in certain jurisdictions, with specific requirements varying by location and ad type.

Google has introduced new transparency features across its advertising platforms to help users identify when generative AI has been used to create or modify advertisements. The updates include disclosure labels in the My Ad Center panel and visible overlays on ads in certain jurisdictions, with specific requirements varying by region and ad type.

When a Chicago-based food company with decades-old federal trademark registrations for "Pizza Puff" challenged global pizza chain Little Caesars over its "Crazy Puffs" marketing, the Seventh Circuit delivered a stunning reversal that stripped away the local brand's protections. The appellate court's decision exposes how even officially registered trademarks can collapse when consumers view them as generic product categories rather than distinctive brand identifiers, forcing a critical examination of what tr

A New York federal court allowed a class action against Abbott Laboratories to proceed, examining whether PediaSure Grow & Gain's "Clinically Proven to Help Kids Grow" claims could mislead consumers into believing the product helps typical children grow taller, despite studies involving only at-risk children. The decision highlights how courts evaluate the overall consumer takeaway from advertising, including images, context, and disclosures, even when claims are technically accurate.

A federal court allowed a false advertising lawsuit against Hisense USA to proceed, where consumers allege the company misled buyers about quantum dot technology in its QLED televisions. The case raises critical questions about how brands should advertise emerging technologies, the importance of clear terminology, and whether advertised features provide material benefits to consumers.

Consumers have filed a lawsuit against Hisense USA alleging false advertising of QLED televisions, claiming the products either lack quantum dot technology or contain negligible amounts that don't deliver advertised benefits. The court allowed the case to proceed, finding the plaintiffs presented sufficient evidence at this early stage to support their claims that the televisions may not contain meaningful QLED technology despite marketing representations.