Worldwide: Advertising, Marketing & Branding

Survey controls are essential tools in litigation research that help eliminate noise and bias from survey data. Like placebos in medical research, controls detect responses influenced by factors other...

A federal court awarded $23.785 million in damages after finding that minimalist ice cream packaging infringed a competitor's trade dress, demonstrating how combinations of simple design elements can create protectable rights. The decision establishes concrete standards for defining packaging trade dress, preserving design records, and quantifying damages when aesthetic choices become marketplace identifiers.

When Dreame Technology advertised hair styling products claiming to dry shoulder-length hair in two minutes while showing models with much longer hair, competitor Dyson challenged the messaging at the National Advertising Division. The case explores whether visual imagery in advertising can contradict express claims and whether disclosures can cure potentially misleading impressions created by product demonstrations.

Medical aesthetic practices face mounting regulatory scrutiny over their digital advertising practices, as tracking pixels and cookies routinely collect and share sensitive patient health data throughout the customer journey. Washington's groundbreaking Data Privacy Report identifies weak consent mechanisms and overcollection of sensitive data as enforcement priorities, while the FTC and state attorneys general accelerate actions against healthcare providers for unauthorized pixel-based data sharing.

A California federal court recently dismissed pixel tracking claims against a healthcare company for lack of Article III standing, finding that the plaintiff failed to demonstrate a concrete injury because the collected information was not sensitive or private. The decision adds to growing judicial skepticism toward pixel tracking lawsuits and provides important guidance for businesses using third-party tracking technologies on their websites.

A recent NAD decision involving an AI-enabled fall detection platform raises critical questions about proving causation versus correlation in artificial intelligence advertising. The case examines whether evidence showing positive outcomes associated with AI technology is sufficient to claim the technology itself causes those results...

The FTC’s recent activity fits squarely within several areas the agency has been watching closely: protecting kids and teens, rental housing costs, and Made in the USA claims. The FTC’s final TruHeight order is a good reminder that child and teen health claims remain a high-risk area. The RentGrow matter shows the FTC continuing to press on rental-housing practices, while the latest Made in the USA warning letters reinforce that those claims remain an enforcement priority.

Marvel Studios' ad agency faces a substantial fine for unauthorized outdoor advertising in San Diego's Gaslamp Quarter during Comic-Con. The incident highlights the complex regulatory landscape marketers must navigate when deploying non-traditional advertising campaigns in public spaces, where local permit requirements and enforcement actions can result in significant financial penalties.

New York City Council Speaker Julie Menin has launched an investigation into prediction market platforms like Kalshi, Polymarket, Coinbase, and Gemini Titan, examining their marketing practices targeting New Yorkers. The probe focuses on allegations of false and deceptive advertising tactics, particularly those directed at young adults, including undisclosed influencer marketing and fictitious depictions of profitable wagers.