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Perspectives on Advertising & Promotions

243 total results. Page 1 of 10.

AFS Advertising & Promotions
Alerts
FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims
April 27, 2023
D. Reed Freeman Jr., Helenka B. Mietka
On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice of their obligation to have adequate substantiation of their claims.
The Fine Print
Desperate Times, Desperate Measuring Cups – FTC Brings Enforcement Action for False “Made in USA” Advertising
March 1, 2023
Dan Jasnow, Emily P. Caylor
The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States.
Press Release
ArentFox Schiff Elects 13 Attorneys into Partnership
December 14, 2022
ArentFox Schiff is pleased to announce the election of 13 new partners, effective January 1, 2023.
Press Release
ArentFox Schiff Attorneys Recognized by Best Lawyers and Ones to Watch for 2023
August 18, 2022
ArentFox Schiff is pleased to announce that 121 attorneys have been recognized by The Best Lawyers in America 2023, with an additional six attorneys highlighted as “Lawyers of the Year” and 40 attorneys listed as “Ones to Watch.”
Alerts
FTC Fines Fashion Company $4.2 Million for Blocking Negative Customer Reviews
February 9, 2022
Anthony V. Lupo, Eva J. Pulliam, Dan Jasnow
In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for online retailers and review platforms.
News
Pamela Deese Quoted in Licensing International: Virtual Land Rush Underway in the Metaverse
February 3, 2022
Pamela M. Deese
Arent Fox's Pamela Deese spoke with Licensing International about the metaverse forcing brands to stake new trademark claims to ward off would-be infringers.
Fashion Counsel
Is Your Brand "Sustainable"? How Retail Companies Can Stay in the Green
January 19, 2022
Anthony V. Lupo, Dan Jasnow
With growing consumer shift toward "sustainable" products, retail companies must ensure that claims of sustainability can be substantiated while planning ahead for anticipated changes to the Federal Trade Commission's Green Guide in 2022. Anthony Lupo and Dan Jasnow have your main takeaways.
Fashion Counsel
Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping
November 18, 2021
Anthony V. Lupo, Matthew R. Mills, Eva J. Pulliam, Sarah Alberstein, Dan Jasnow
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of California’s 30-day shipping rules.
Press Release
25 Arent Fox Practices Rated Among Nation’s Best by US News and Best Lawyers
November 15, 2021
Twenty-five Arent Fox LLP practices have been recognized in the 2022 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
Alerts
Save Recycling, Ban the Symbol? California Aims to Clear the Confusion
November 11, 2021
Lynn R. Fiorentino, Anthony V. Lupo, Brian P. Waldman, Dan Jasnow
Many of us are familiar with the triangular “chasing arrows” recycling symbol that can be found on products and packaging
The Fine Print
$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims
October 22, 2021
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow, Sarah Alberstein
Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials in violation of an earlier FTC administrative order prohibiting the company
AFS Advertising & Promotions
The Fine Print
On Notice: FTC Threatens Significant Fines Against Advertisers Who Violate Endorsement and Testimonial Guidance
October 18, 2021
Anthony V. Lupo, Pamela M. Deese, Matthew R. Mills, Eva J. Pulliam, Dan Jasnow
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in civil fines of up to $43,792 per incident. While the notices do not allege a
Press Release
More Than 65 Arent Fox Attorneys Recognized in Best Lawyers 2022
August 20, 2021
Sixty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2022.
The Fine Print
Diet and Wellness Giant Fails To Cancel California Autorenewal Class Action
August 13, 2021
Eva J. Pulliam, Matthew R. Mills, Dan Jasnow, Sarah Alberstein
A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how to cancel their subscription memberships.
Alerts
College Athletes Cash in on Name, Image, and Likeness
July 6, 2021
Pamela M. Deese, Anjelica L. Fuccillo, Justin A. Goldberg
In a move that significantly departs from the NCAA’s strict stance against college athletes’ ability to capitalize on their name, image, and likeness (NIL), the NCAA Board of Directors approved interim policy changes on Wednesday, June 30, 2021, which suspend NCAA enforcement of NIL rule violations
Alerts
Top 5 Things to Watch for When Selling Carbon Credits
June 30, 2021
Karen Ellis Carr, Dan Jasnow
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace. Many of these advertising claims are based on the purchase of carbon credits, an environmental asset that represents a verifiable reduction in carbon dioxide (or other
The Fine Print
Robinhood Checked but Not Wrecked: False Association Suit by Rapper Ice Cube Dismissed
June 28, 2021
Matthew R. Mills, Eva J. Pulliam, Dan Jasnow, Sarah Alberstein
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased lyric from his single, “Check yo self.”
The Fine Print
“Beyond the Shelf” Podcast Episode 2: Navigating Ad Claims
May 17, 2021
Pamela M. Deese
Advertising and IP Licensing Partner Pamela M. Deese was recently a guest on the “Beyond the Shelf” podcast. In this second episode, she discusses what happens when brands make claims that are not or cannot be substantiated.
The Fine Print
“Beyond the Shelf” Podcast: Navigating Ad Claims
May 11, 2021
Pamela M. Deese
Advertising and IP Licensing Partner Pamela M. Deese was recently a guest on the “Beyond the Shelf” podcast and gave an overview of the types of claims companies can make in advertising, how to evaluate claims, and how to substantiate them.
Alerts
Top 5 Things To Watch When Evaluating Carbon Offset Purchase Agreements
March 29, 2021
Karen Ellis Carr, Dan Jasnow
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace.
Alerts
It’s Not Easy Being Green: Companies Need to Be Careful Making Sustainability and Green Claims Without Substantiation
March 26, 2021
Anthony V. Lupo, Dan Jasnow, Sarah Alberstein
In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.”
Fashion Counsel
It’s Not Easy Being Green: Fashion Companies Need To Be Careful Making Sustainability and Green Claims Without Substantiation
March 24, 2021
Anthony V. Lupo, Dan Jasnow, Sarah Alberstein
In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.
Alerts
Advertising on Social Media: Key Considerations for Alcohol Brands
March 19, 2021
Jay L. Halpern, Dan Jasnow
With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform.
The Fine Print
Protect Your Advertisements – Wear a Helmet
March 4, 2021
Eva J. Pulliam, Sarah Alberstein
The Children’s Advertising Review Unit (CARU) recently brought an action against the National Fluid Milk Processor Promotion Board (MilkPEP) over concerns with MilkPEP’s television commercial depicting individuals skateboarding without the appropriate safety gear.
The Fine Print
Bidders and Brokers: Investigation into Real Time Bidding and Data Broker Activities in AdTech
February 11, 2021
Eva J. Pulliam
ICO has resumed its investigation into real-time bidding and the AdTech industry, as well as its review of the role of data brokers in the AdTech ecosystem.

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