Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors.
Considering recent marketing developments, there are laws in place which offer protections and attempt to shield minors from dangerous advertising practices. Although it’s illegal…
Late last year, the Federal Deposit Insurance Corporation (“FDIC”) announced that it had adopted a Final Rule designed “to modernize the rules governing use of the official FDIC signs and advertising statements, and to clarify the FDIC’s regulations regarding false advertising, misrepresentations of deposit insurance coverage, and misuse of the FDIC’s name or logo.” The…
Have you ever read a testimonial in an advertisement or the reviews on a product page and wondered if they were coming real customers? After a recent rule issued by the Federal Trade Commission (“FTC”), you can be more confident that those testimonials and reviews are, in fact, real.
On August 14, 2024, the FTC…
Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a single area code and by $636 for access to all area codes nationwide. The final rule can…
Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024)
Section 230(c)(1) of the Communications Decency Act is a defense companies utilize when faced with liability for third-party fraudulent advertisements published on their online platforms. To…
My colleagues Cali Roth Spota and Anthony J. Noonan recently wrote a comprehensive summary of trade secret law that you can read in the alert here. In their summary, they discuss the importance of a company safeguarding its intellectual property to maintain a competitive edge and ensure long-term success, and they suggest that trade…
“TRUMP TOO SMALL”
This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back in January 2018, during the Trump presidency. Since then, his mark has faced rejection by the United States Patent and Trademark Office (USPTO) and had…
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, BBB National Programs does publish NAD case summaries on its website that are helpful in understanding how the NAD thinks about certain types of…
