Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies.
In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect
Advertising & Marketing Law Blog
Foley Hoag’s advertising and marketing legal team brings deep experience and a long, successful record to the increasingly complex legal landscape in which advertising claims are made and evaluated. Our Advertising and Marketing Practice provides a broad range of regulatory, advisory and disputes-oriented representation around the promotion of goods and services.
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Latest from Advertising & Marketing Law Blog
Diet Soda and Space Aliens
Partner August Horvath recently analyzed a decision by the Ninth Circuit Court of Appeals affirming dismissal of a case alleging that calling a soft drink a “diet” soda communicates consumers that you are selling a weight-loss product. As August notes, Judge Orrick and the Ninth Circuit panel understood the need to review advertising and marketing…
Watch – IP Enforcement on Online Marketplaces: Strategies for In-House Counsel
As commerce becomes increasingly electronic and decentralized, manufacturers and brand owners face new challenges in protecting and enforcing their intellectual property rights in the context of online marketplaces. IP owners, courts and the marketplaces themselves are struggling to define fair, effective and efficient approaches to protecting IP rights and consumers without hindering the free flow…
Watch: IP and Advertising Basics for Cannabis Companies
Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications that demand special consideration, and companies should be paying attention to these issues out of the gate.
Foley Hoag presents a webinar covering a range of topics related to cannabis IP protection and…
Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers
Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”). While the letters focus on the nicotine content of the products, they should nevertheless be of interest to cannabis advertisers because they demonstrate…
Watch: Advertising Class Actions for the Generalist In-House Counsel
Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds, have made them more attractive to plaintiffs. But there are still effective strategies for defending these cases.
Foley Hoag presents a webinar covering hot topics…
Phantom Savings: Bargain Shoppers Cry Foul Over Alleged Fictitious Pricing Schemes
On March 19, 2017, Marilu Calderon went shopping at the Kate Spade outlet store in Carlsbad, California, and a “Flavor of the Month” charm pendant caught her eye. The price on the tag was $78.00, but in-store signs stated that the product was an additional 60% off. Ms. Calderon thought that was a good deal,…
FDLI Food Advertising, Labeling, and Litigation Conference Now Accepting Proposals
A scene from the 2018 FDLI Food Advertising, Labeling and Litigation Conference.
- Modernization of Food Claims, Nutrient Content Claims, and Health Claims
- Plant-Based Food Products, Clean Meat, and Cellular Agriculture
- Supply Chain Risk Considerations and Marketing Claims
- Standards of Identity
- Social Media Marketing
- Label Claims and Substantiation
- Litigation Trends
- Update on Nutrition Labeling
- General Counsel
…
Watch – Fake and Biased User Reviews: The Current State of the Law
Fourteen thousand, eight hundred and fifty-nine reviews! Four and a half stars! Who can resist these authentic, crowd-sourced endorsements of a product or service? Studies and market results show that consumers rely heavily on user-submitted reviews in choosing among products and sellers on e-storefronts. But how authentic are these user reviews?
In February, the FTC…
Partner Dave Kluft Publishes Column in Packaging Strategies on Cannabis Packaging and Advertising
Partner Dave Kluft discusses five questions to think about when considering marijuana packaging and advertising in a legal column for Packaging Strategies magazine.
With each passing year, the legalized cannabis industry grows as the stigma associated with it decreases. Ten states currently permit recreational marijuana, over 20 more permit medicinal use, and annual nationwide spending…