Insights on Advertising & Promotions

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

Sixty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2022.

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.

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

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

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.”

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.

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.

Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace.

In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.”

In an attempt to align with their clients’ values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.

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 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.

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.

The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional materials and product packaging.

Advertising cannabis products along California’s interstate highways, briefly lived, is now significantly restricted.

Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee.

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post featuring his photograph of tennis player Caroline Wozniacki.

In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing, advertising, and selling single-serve coffee pods that are misleadingly labeled as “recyc

Twenty-four Arent Fox LLP practices have been recognized in the 2021 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage products.

Fifty-three Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2021.

The Attorney General Regulations (Regulations) to the California Consumer Privacy Act (CCPA) are enforceable as of August 14, 2020.

With digital advertising being a multi-billion dollar industry and COVID forcing many online, many have growing concerns surrounding the policing of digital advertising.

There have been developments in the following five proposed amendments to the California Consumer Privacy Act (CCPA).