Pride may be one month a year, but LGBT consumers make purchasing decisions every day of the year. The Human Rights Campaign, the nation’s largest LGBT civil rights organization, published its yearly “Pride in the Marketplace” report on June 16. The report summarizes how and where LGBT consumers spend their money and the decisions
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Contracts, Consent, and Clones: Navigating Requirements for AI-Generated Advertising
Hello from your friendly human lawyers. If your marketing team is using generative artificial intelligence (AI) in advertising, the issue is no longer whether the rules apply. It’s which rules apply, when they are triggered, and how best to navigate them.
This analysis becomes more concrete on June 9, 2026, when New York’s synthetic-performer disclosure law takes effect. At the same time, contract law, labor rules, and…
When a Jingle Becomes a Liability
Do you know the Kars4Kids jingle? If so, you are not alone. A California judge has now found that the same catchy simplicity that made the ad effective also made it deceptive.
In May, an Orange County Superior Court judge ordered Kars4Kids to stop airing its well-known ads in California unless they include specific disclosures.…
Certified to Influence: A New Self‑Regulatory Lever in Influencer Compliance
Influencer marketing has outgrown its early days of buried “#sp” tags and fuzzy disclosure practices. It’s now a core advertising channel driving billions in spend—and, unsurprisingly, continues to draw scrutiny from regulators and the class-action bar.
Enter industry self‑regulation.
In January 2026, the Center for Industry Self‑Regulation—the nonprofit foundation affiliated with BBB National Programs—launched…
FTC Issues Call for Comments on New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its…
From AMG To Intuit: Has The Path For Redress in Section 5 Cases Disappeared?
The U.S. Court of Appeals for the Fifth Circuit seemingly handed the Federal Trade Commission (FTC or the Commission) yet another setback, this time squarely in the agency’s bread‑and‑butter area of false advertising enforcement. In Intuit Inc. v. FTC, the court vacated the FTC’s 2024 administrative cease‑and‑desist order that challenged TurboTax “free” edition advertising, holding…
Growing Up Fast: How the FTC Wants Age Verification To Mature in 2026
The Federal Trade Commission (FTC) hosted its Age Verification Workshop Jan. 28 and was focused on the intersection of age verification technologies and Children’s Online Privacy Protection Act (COPPA) compliance, reflecting the FTC’s growing scrutiny of youth privacy and child safety issues. When the FTC announced this workshop, its press release made clear that the…
Making Gains on Protein Claims
Protein is having a moment – it’s in lattes, on fast‑casual menus and likely being pitched for toothpaste somewhere in a marketing brainstorm. But before brands start flexing those “high protein” callouts, you’ll want to make sure your claims take the proper form.
Here’s the deal: Calling a product “high protein” isn’t as simple…
The Reviews Are In: FTC Warns Companies of Potential Consumer Review Rule Violations
Bah, humbug! Certain advertisers received a lump of coal in their stockings from FTC staff. Right before the holidays, the Commission issued warning letters to 10 companies alerting them of potential violations of the agency’s Rule on the Use of Consumer Reviews and Testimonials (“Consumer Review Rule” or “Rule”). The FTC did not publicly identify…
FCC Extends Waiver That Would Require Callers To Apply a Revocation of Consent to All ‘Robocalls or Robotexts’ from the Caller
On April 11, 2025, the Federal Communications Commission (FCC) granted a waiver of part of 47 C.F.R. § 64.1200(a)(10) – specifically, the portion of the rule “requiring callers to treat a request to revoke consent made by a called party in response to one type of informational message as applicable to all future robocalls and…