Insights on Advertising & Promotions

ArentFox Schiff Partner Thorne Maginnis will moderate “Building Winning Products Under Very Different Rules” at TiECon East 2026 on October 2, 2026, at the Boston Marriott Burlington. The session will explore how companies are building and scaling products in rapidly evolving AI markets, creating durable competitive advantages, translating AI capabilities into meaningful customer value, and driving product-led growth, adoption, and retention.

A federal court in Washington has allowed a class action lawsuit to move forward against Costco, alleging that the retailer’s promise of “free shipping” on its website is a sham. The decision should put every e-commerce operator on notice.

A federal judge in South Florida has dismissed a proposed class action accusing The Hershey Company of misleading consumers with packaging for Reese’s peanut butter pumpkins. The case turned on a familiar mismatch: the wrapper showed a pumpkin with carved eyes and a mouth, while the candy inside did not.

What happens when a company sends a customer a photograph of its “American factory” and the photo is actually of a supplier’s facility in China? What about when it has foreign manufacturers print “Made in the USA” labels on products before they even leave the country? Or when it uploads a branch of the US military’s logo onto foreign-made body camera firmware to make the product look domestic?

Partner and Longevity & Healthspan Industry Group Co-Leader, Thorne Maginnis, will moderate the “Status, Wellness & the Evolving Consumer Economy” panel at Brand Forward, The Fashion Law’s annual conference, on September 17, 2026.

ArentFox Schiff is pleased to announce that Chairman Anthony V. Lupo has been named to the Forbes 2026 America’s Top Lawyers list.

On August 19, the Federal Trade Commission (FTC) issued a proposed enforcement policy statement putting businesses on notice that using consumers’ personal data to set individualized prices without clear disclosure may violate Section 5 of the FTC Act.

ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”

Earlier this year we flagged New York’s “synthetic performer” disclosure law, N.Y. General Business Law § 396-b, the Synthetic Performer Law, as one to watch. The watch is over.

A recent California Superior Court decision against Kars4Kids, the charity known for its memorable advertising jingle, demonstrates the significant risks that charities can face if their solicitations are found to be misleading.

Advertising & Promotions Partner Thorne Maginnis will speak on the intellectual property considerations associated with influencer campaigns on July 22, 2026.

Peptides remain one of the hottest topics in the drug industry, and many therapeutic peptides offered for sale today have been compounded.

“Hand made in Austin, Texas” may sound like a charming selling point, but the Federal Trade Commission (FTC) isn’t convinced. On July 6, the FTC issued warning letters to seven companies for questionable domestic-origin claims, covering products from drums and industrial lasers to coordinate measuring machines and e-cigarettes.

A challenge to Quince’s pricing strategy could have implications beyond a single retailer, especially for brands that rely on comparison-based marketing to drive sales.

On April 24, Taylor Swift’s company, TAS Rights Management, filed three new trademark applications with the US Patent and Trademark Office (USPTO) in what appears to be an effort to safeguard her identity against the rising threat of artificial intelligence (AI)-generated content. Two of the applications fall into the relatively uncommon category of “sound marks.”

The US Federal Trade Commission’s (FTC) advance notice of proposed rulemaking is seeking industry input on delivery-fee transparency practices, which signals potential interest in broader federal regulation, underscoring the importance for online food and grocery delivery platforms and restaurant brands to assess current practices and consider participating in the comment process.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

The rapidly expanding consumer biomarker testing market — a major pillar of the longevity ecosystem — has produced its first major lawsuit between competitors.

The consumer products industry enters 2026 facing a rapidly shifting legal and regulatory landscape.

Advertising regulation continues to evolve through a steady accumulation of federal rulemaking, state legislation, and active enforcement under longstanding deception principles. Meanwhile, the plaintiffs’ bar is increasingly treating advertising compliance failures as class action opportunities.

Advertising & Promotions Partner and Consumer Products Industry Group Co-Leader Matt Mills will speak on a panel titled “The New Politics and Policy of Made in the USA Claims” on February 5, 2026.

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

A federal jury in Massachusetts ordered Beyond Meat, Inc. to pay $38.9 million to Sonate Corp. d/b/a Vegadelphia Foods for willful trademark infringement tied to slogans used in national advertising for meat-free products.

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.