Tag Archives: advertising law

ILN Today Post

The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”

In the wake of the global pandemic caused by the novel coronavirus, the U.S. Food and Drug Administration (FDA) has issued dozens of warning letters to various companies — including so-called ‘affiliate marketers’ — asserting that they have fraudulently marketed products that claim to prevent, treat, mitigate, diagnosis or cure COVID-19. These products include vitamin and mineral products, essential oils, colloidal silver, CBD oils and many others. Read more…

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ILN Today Post

2017 M&A activity for PR firms: The year of the ‘tuck-in’ transaction

My last column for 2017 is an appropriate time to look back at the consolidation, merger, and acquisition activity by and among PR firms.

According to data compiled by my law firm, there were 103 publicly announced and completed transactions worldwide in 2017 involving public relations firms. This reflects an increase of 14% in completed, publicly announced transactions from the 89 completed in 2016. This alone is significant because it demonstrates the existence of a robust M&A market for PR firms. Even more noteworthy is the nature and size of many of the transactions, as well as the factors that are causing owners to sell and buyers to buy.

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ILN Today Post

Advertising, Marketing & Promotions Alert >> Automobile Shipment Broker Settles with FTC Over Charges that It Misrepresented Online Customer Reviews

AmeriFreight, Inc., and its owner, Marius Lehmann, agreed to settle a complaint brought by the Federal Trade Commission (FTC) claiming that the company and its owner failed to disclose that online customer reviewers were compensated with discounts and other incentives to review the company’s services.

Complaint
The FTC’s complaint against AmeriFreight, which arranges shipment of customers’ cars through third-party freight carriers, charged the advertiser with misrepresenting online reviews by failing to disclose that it gave cash discounts or benefits to customers to incentivize their posting of online reviews. More…

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ILN Today Post

Advertising, Consumers, and the New FTC Advertising Disclosure Guidelines

Is your firm up on the latest FTC guidelines governing online advertising and the proper consumer disclosures required by law?

It better be!

In 2000, the FTC issued its “Dot Com Disclosures,” disclosures interpreting advertising law for the online world. At that time, the guidelines focused mostly on display advertising. Nearly thirteen years have passed, and with it the emergence of entirely new technologies and platforms used by advertisers, marketers and communications companies every day, including Facebook, Twitter, and mobile devices. More…

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ANA Advertising Law & Public Policy Conference: What Increased Legislation and Regulation Mean for Ad Land

2013 is already proving to be another turbulent year for Washington D.C., and many of us can’t help but keep watching with bated breath for the latest action or debate to come out of it.  And there’s no question that the regulatory and enforcement environment today is heightened across all industry sectors, even while Congress seems unable to reach agreement on any much of the legislation before it.  For marketers and advertisers, the moves made by the Obama Administration on a variety of issues will have profound implications, as we saw with the sequestration debate, privacy, tax code reform, new appointees, and more.

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ILN Today Post

THE FUTURE OF ‘DO NOT TRACK’ AND ITS IMPACT ON ONLINE MEDIA

“Do Not Track” or “DNT” is a popular buzz word these days in Washington and for the privacy community.  However, as the interactive industry moves closer to adopting some form of DNT, is it important to understand what it is, what it is not and what it might mean for the future of this industry.

DNT generally refers to interactive companies honoring a user’s browser preference  setting to stop online tracking through the use of cookies and other technologies by all sites through that user’s browser (as opposed to opting out of tracking site by site). The result would be that companies would no longer deliver targeted online ads to that user. However, there is far from unanimity on how far DNT should extend and whether it should be an opt-in or opt-out user preference. It may very well be that industry-adopted DNT would not only result in an opt-out from targeted or behavioral advertising, but would  opt users out of tracking used for other purposes (such as market research, affiliate marketing or tracking for any purpose of third party data sharing). More…

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Joel Rothman speaks to students at Northwestern University’s Medill School of Journalism, Masters in Integrated Media Program on intellectual property and advertising law

 

Joel B. Rothman

West Palm Beach Partner Joel B. Rothman was a guest lecturer on April 12 at Northwestern University’s Medill School of Journalism, Media and Integrated Marketing Communications  masters degree program.  Mr. Rothman spoke to two sections of a graduate class entitled “Law, Policy & Media” and addressed topics on advertising law, claim substantiation, unfair/deceptive practices, and intellectual property issues.  Northwestern’s Medill  program in Integrated Marketing Communications is an innovative program whose graduates occupy positions at advertising and marketing firms worldwide, as well as in marketing departments at Fortune 500 companies and start-up businesses.

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ILN Today Post

FINAL FTC PRIVACY REPORT SEEKS NEW LAWS, SUPPORTS ‘DO NOT TRACK,’ EXEMPTS SMALL BUSINESSES, AND TARGETS DATA BROKERS

The final privacy report just issued by the Federal Trade Commission (FTC) substantially reflects the preliminary staff report (click here to view previous Alert) on consumer privacy and data collection practices issued by the FTC in December 2010 – albeit with a number of rather important changes.

In “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers,” the FTC sets forth a framework for some “best practices” for businesses to adopt to protect the privacy of American consumers and to give them greater control over the collection and use of their personal data. These best practices include making privacy the “default setting” for commercial data practices and giving consumers greater control over the collection and use of their personal data through simplified choices and increased transparency. More…

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ILN Today Post

Copyright Termination Rights Create Quandaries for Music Licensees

Brewing battles between artists and music companies over ownership rights could pose a significant liability problem for producers of commercials, motion pictures, television programs, digital content and others who seek to use musical works.

For agencies, advertisers, producers, networks, studios and other music licensees with an ear for disco and late 70’s classic rock, life is about to become more complicated. Beginning in 2013, some of the most popular musical works of this era are likely to be at the center of a hard-fought battle over ownership rights. More…

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ILN Today Post

Mobile App Operators Announce Agreement with California Attorney General

In response to consumer privacy concerns, the leading operators of mobile application platforms – Amazon.com Inc., Apple Inc., Google Inc., Hewlett-Packard Company, Microsoft Corporation, and Research in Motion Limited (the Mobile App Operators) – announced an agreement with the California Attorney General setting forth improved privacy protections for app users.

The Mobile App Operators agreed to privacy principles that are designed to bring the industry in line with a California law requiring mobile apps that collect personal information to post a privacy policy (a notable development, given the fact the majority of mobile apps today do not contain a privacy policy). The agreement will also give consumers the opportunity to review an app’s privacy policy before downloading the app. Developers who fail to comply with their stated privacy policies could be prosecuted under California’s Unfair Competition Law and/or False Advertising Law. More…

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