30 Sep, 2020 New York Law Prohibiting Gender-Based Pricing Takes Effect Today By Jeff Greenbaum A new law goes into effect in New York today which prohibits the pricing of goods based on the gender of the person to whom the product...
29 Sep, 2020 FTC Settles With Marketer Over Charges That it Misled Consumers About Government Affiliation By Jeff Greenbaum The Federal Trade Commission announced that it reached a settlement with Ponte Investments, resolving charges that the company misled...
29 Sep, 2020 Objective and Subjective Assessments Of Product Performance Should Match Up and Photos Depicting Results Must Be Typical By Terri Seligman As part of its routine monitoring program, NAD requested substantiation for claims made by Zero Gravity (“the advertiser”) for its...
24 Sep, 2020 New York Court Dismisses NYAG Price Gouging Lawsuit By Jeff Greenbaum Back in May, the New York Attorney General sued Quality King Distributors, alleging that the company dramatically increased its wholesale...
23 Sep, 2020 UK's Advertising Standards Authority Tells Auto Marketer to Pull "Black Cars Matter" Ad By Jeff Greenbaum The UK's Advertising Standards Authority told car leasing company LINGsCars to take down an advertisement on Facebook promoting the new...
21 Sep, 2020 FTC to Host Virtual Advertising and Data Security Workshop By Jeff Greenbaum The Federal Trade Commission announced that it will be hosting another edition of its long-running workshop, "Green Lights & Red Flags: ...
21 Sep, 2020 Nicki Minaj's "Artistic Experimentation" with a Tracy Chapman Song "to Seek License Approval" Qualifies as a Fair Use Under Copyright By Brian Murphy Nicki Minaj had a big problem. A problem that almost delayed the release of her 2018 chart-topping album Queen. A problem so big, you...
20 Sep, 2020 Should an Advertising Agency Display Client Work on its Website After the Relationship Ends? By Jeff Greenbaum An advertising agency spends years creating work for its client and then, at some point, the relationship ends. Does the ad agency have...
17 Sep, 2020 Major Joint Charity Enforcement Action by FTC and Attorneys General By J.J. Harwayne Leitner Yesterday, the Federal Trade Commission (FTC), together with the Attorneys General of New York, New Jersey, Virginia and Minnesota,...
17 Sep, 2020 Does "Fights" Mean "Prevents"? By Jeff Greenbaum Colgate-Palmolive markets its Speed Stick and Lady Speed Stick products as an antiperspirant that "fights white marks" and "fights yellow...
17 Sep, 2020 StopHateForProfit Campaign Enlists Celebrities for 24 Hour Facebook and Instagram Freeze By Rayna Lopyan This summer, my colleague and I wrote (here and here) about the #StopHateforProfit campaign, which was organized by various civil rights...
15 Sep, 2020 Third Circuit Strikes Down Transit Authority's Ban on Political Advertising By Jeff Greenbaum The Southeastern Pennsylvania Transportation Authority ("SEPTA") sells advertising space on its buses, trains, and stations. In order to...
14 Sep, 2020 NY Gift Card Seller Must Pay Refunds and Penalty By Terri Seligman New York Attorney General Letitia James has announced a settlement with gift card company Simply Certificates, requiring the company to...
13 Sep, 2020 Publishing a Cropped Shot of Jon Hamm's Crotch is Fair Use Under Copyright Law By Brian Murphy Jon Hamm apparently likes to go commando. We know this because in 2013, HuffPost published an article entitled "25 Things You Wish You...
12 Sep, 2020 Dream City Church and CleanAir EXP Agree to Back Off on COVID-19 Protection Claims By Jeff Greenbaum Earlier this summer, in advance of President Trump's visit to the Dream City Church, two pastors from the church posted a video on social...
10 Sep, 2020 Is it Misleading to Sell "Wasabi Peas" if They Aren't Made With Wasabi? By Jeff Greenbaum Is it misleading to market your product as "wasabi peas" if the product isn't made with wasabi? Surprisingly, that was the issue in a...