Ad Law Access

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

No Crash Later, Unless You Mischaracterize an NAD Decision

According to the New York Times, the NAD has decided to reopen its review of Living Essentials’ claim that its 5-Hour Energy “shot” produces “no crash later.” In 2007, the NAD reviewed 5-Hour Energy’s claims, found…

Senate Confirms Obama Administration Nominee Joshua D. Wright as New Republican FTC Commissioner

Yesterday, the Senate unanimously confirmed Joshua D. Wright to replace J. Thomas Rosch as a Republican commissioner of the Federal Trade Commission (FTC). According to various sources, Wright is widely regarded as…

FTC Closes an Investigation Involving a Social Media Campaign

As we've noted in previous posts, if a company provides incentives to a consumer in order to encourage the consumer to promote the company's products, the consumer is required to disclose those incentives. It's not…

Three's Company (or a Crowd)? CPSC Files Lawsuit Against Third Magnet Ball Seller

Earlier this week, the CPSC filed an administrative complaint against Star Networks USA, LLC, the seller of Star Magnicube Magnet Balls and Magnet Cubes. The Commission voted 2-1 to file the complaint, with…

Learning From FTC Closing Letters: Useful Insights into Prohibited Practices

In an interview with Catherine Dunn of Corporate Counsel, I discussed some of the patterns and principles found in FTC closing letters and how in-house counsel can benefit from understanding these trends should they…