Numerous unscrupulous retailers are seizing on the COVID-19 crisis — and the public health fear that the overall population is experiencing — to make some wild and unsubstantiated claims about how CBD products can help cure or ward-off the novel coronavirus.
Both the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) are stepping up enforcement actions in response. Read more…
With many children’s schools having transitioned to online education, questions have arisen regarding the collection of children’s personal information by the online educational platforms that support remote learning.
In response to these questions, the Federal Trade Commission (FTC) recently provided guidance on how the Children’s Online Privacy Protection Act (COPPA) applies to educational technology (ed tech) providers and schools when engaging in virtual online learning. Read more…
Retailers are facing unprecedented challenges in the face of the COVID-19 pandemic. While some companies, such as wholesalers of essential household items and groceries, are experiencing a surge in demand, others, especially those that rely on a brick-and-mortar presence, are suffering. Recent reports show that retail sales had plummeted in March 2020 to a degree never before seen. All retailers are forced to confront the “new normal,” in particular taking steps to attempt to shift all, or substantially all, of their business online. Read more…
The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFRA), the union representing on-camera talent in the advertising industry, has reached an agreement with six leading signatory co-producers. The agreement establishes new restrictions on what those signatories can do during the production process, including restrictions concerning the extent to which non-signatory ad agencies may be involved in productions featuring SAG-AFTRA talent.
It’s the post I know you’ve all been waiting for – as ads have gotten milder the last few years, each season, I wonder whether there will be any commercials worthy of the “ugly” moniker. This year, we had three!
As mentioned in my previous blog post, I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the second installment in my series of highlights from my presentation.
The Federal Communications Commission (FCC) has proposed to fine Sinclair Broadcast Group, Inc. (Sinclair) $13,376,200 because it apparently failed to make required disclosures regarding paid-for broadcast programming. The proposed fine is the largest ever under the FCC’s sponsorship identification rules and is part of the growing trend by regulators taking serious action to ensure that relevant material information is disclosed to consumers in an appropriate manner.
A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data that they collected. Notably, this is the FTC’s first COPPA case involving connected toys, but it may not be its last, as connected toys continue to play a more prominent role in children’s lives.
Two California-based brothers agreed to settle Federal Trade Commission (FTC) charges arising from their efforts to market and sell trampolines through allegedly deceptive online endorsements and misleading review websites.
The FTC’s Allegations
The FTC contended that Son “Sonny” Le and Bao “Bobby” Le sold Infinity and Olympus Pro trampolines on three websites that displayed logos of the Trampoline Safety of America, Bureau of Trampoline Review and Top Trampoline Review. These three logos linked to their respective websites, which purported to give prospective purchasers objective information about trampolines, including unbiased expert reviews of specific brands and models, and ratings based on safety, performance and other attributes.
My colleague and friend, Andrea Levine, has been the Director of the Advertising Self-Regulatory Council’s National Advertising Division (NAD) and Senior Vice President of the Council of Better Business Bureaus for the past 20 years. It’s quite a title, and tenure, and as she prepares to move on to her next challenge, I asked her to share some of her experiences and wisdom.