Ad Law Access

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

Third Party Complaints to the FTC: Do They Lead to Enforcement Action?

Last week, Gonzalo wrote about the letter Truth in Advertising sent to the FTC, urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. We also learned last week that the…

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

Kelley Drye

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…