Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

NAD Finds Disclosures for Comparative Claims Aren’t Clear

Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A…

Courts and NAD Come to Different Conclusions on Package Disclosures

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the…

FTC’s Auto Dealer Rule Promises Sweeping Industry Changes

On December 12, the FTC issued the Combating Auto Retail Scams Rule (“CARS Rule”) which will broadly regulate sales activities of motor vehicle dealers. Authorized by Congress through the Dodd-Frank Act and promulgated…

FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements

In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here ) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement…

Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit

In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action…