Ad Law Access
An Ingredient for Failure In “Reasonable Consumer” False Advertising Cases
Defendants have had a nice run recently in winning pleading-stage dismissal of “reasonable consumer” false advertising cases. That run came to an end yesterday, however, when the Second Circuit Court of Appeals in New…
FTC Asked to Investigate Use of Influencers to Market Vodka
Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org…
SEC KOs Mayweather and DJ Khaled for Promoting Cryptocurrency Without Disclosures
About a year ago, the SEC issued a warning to celebrities and social influencers who promoted Initial Coin Offerings (ICOs) on social media, noting that such promoters are subject to federal securities laws.…
Consumer Perception Surveys in NAD Cases
Last Friday, our friend August Horvath of Foley Hoag presented at an Advertising Self-Regulatory Council (ASRC) conference on consumer perception surveys. Among the many interesting observations made by August were the…
What The FTC Said About Direct Selling In 2018
Earlier this year, the Federal Trade Commission released new business guidance for direct sellers and multilevel marketers describing the legal principles that it will apply when evaluating practices under the FTC Act.…