31 Oct, 2023 FTC Says the "Virus Buster" Mask is a Trick, not a Treat By Jeff Greenbaum Last week, the FTC announced that it brought an enforcement action against a group of marketers who promoted the “1 Virus Buster...
27 Oct, 2023 Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
26 Oct, 2023 Will We See You at the ANA Masters of Advertising Law Conference? By Jeff Greenbaum From November 15th through the 17th, the Association of National Advertisers will be hosting its annual Masters of Advertising Law...
24 Oct, 2023 FTC Enters Into $3.4 Million Settlement With Sollers College Over Job Placement Claims By Jeff Greenbaum Last week, the Federal Trade Commission announced that it reached a settlement with Sollers College, resolving allegations that the...
23 Oct, 2023 Do Consumers Think That Laundry Sanitizer Kills Bacteria on Clothes Better Than Just Washing Them in Hot Water? By Jeff Greenbaum Reckitt Benckiser sells Lysol brand Laundry Sanitizer. The label on the front of the packaging says, “Kills 99.9% of bacteria.” Does...
20 Oct, 2023 SAG-AFTRA Takes a Hardline on ... Halloween Costumes for Members By Brian Murphy As the SAG-AFTRA TV/Theatrical/Streaming strike approaches day 100, the union has issued guidance to members on … which costumes they...
20 Oct, 2023 New California Law Requires Disclosures When Making Certain Environmental Claims By Jeff Greenbaum Earlier this month, California enacted the Voluntary Carbon Market Disclosures Act, which requires advertisers to include specific...
20 Oct, 2023 Recent FTC Action on "Made in USA" Claims By Jeff Greenbaum The Federal Trade Commission's “Made in USA” standard is set forth in its Enforcement Policy Statement on U.S. Origin Claims and is also...
20 Oct, 2023 Advertiser That Tells Its Agency to "Recreate" a Competitor's Video (But Make it Better) Liable for Copyright Infringement By Brian Murphy Door-to-door storage services deliver packing crates to your house and pick them up once they are filled up. It is, apparently, a...
17 Oct, 2023 Chambers Releases "Advertising & Marketing 2023 Global Practice Guide" By Jeff Greenbaum Chambers and Partners just released its Advertising and Marketing 2023 Global Practice Guide. The Practice Guide provides an overview...
13 Oct, 2023 FTC Settles With Marketer Over Alleged Junk Fees and Subscription Traps By Jeff Greenbaum The Federal Trade Commission announced that it reached a settlement with a marketer of skin creams, resolving allegations that the...
12 Oct, 2023 You're Invited: NYC Bar's 22nd Annual "Hot Topics in Advertising & Marketing Law" By Jeff Greenbaum On Wednesday, October 18, 2023, the New York City Bar will be hosting a webinar, "Hot Topics in Advertising & Marketing Law." The...
12 Oct, 2023 California Enacts Law Banning "Junk Fees" By Jeff Greenbaum The State of California just enacted a new law banning "junk fees." The law goes into effect on July 1, 2024. (Yesterday, the Federal...
11 Oct, 2023 FTC Proposes Rule on "Junk Fees" By Jeff Greenbaum The Federal Trade Commission announced that it is proposing a rule prohibiting "junk fees," which the FTC called, "hidden and bogus fees...
10 Oct, 2023 Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...
06 Oct, 2023 Where's the Beef? By Jeff Greenbaum What are advertisers' obligations when showing pictures of their products in advertising? Are they required to depict their products...