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Category Archives: Regulatory

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Regulators Continue Their Focus On Disclosures

Posted in Advertising, Marketing, Regulatory

2014 marked a year of significant change in the marketing communications industry.  To help understand these changes, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015.

Over the next few weeks, I will share with you a few pieces I authored on the topics of: FTC – Regulatory and State, Emerging Hardware – Robots, Drones and Connected Devices, and the NAD. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here.

 FTC – Regulatory and State:

The regulatory landscape in 2014 was marked by a continued focus on the importance of clear, … Continue Reading

The American Association of Advertising Agencies Has the 411 on the Latest Regulatory Issues

Posted in Advertising, Marketing, Regulatory

Brands and the agencies that help market them have full plates. Just keeping up with the way technology has changed, and how brands communicate with customers is, to say the least, a full time job. But, there are so many things that affect businesses, not the least of which is how government regulation can either help or hinder what we do.

That’s why organizations like the American Association of Advertising Agencies (4A’s) are so important. Among its many roles, the 4A’s advocates for advertising and marketing agencies and the other businesses it supports on a wide variety of issues. Some of the biggest items on its current docket:

The deductibility of advertising spending: Tax law has traditionally treated advertising as … Continue Reading

Privacy & Data: 3 Predictions from FTC Commissioner Julie Brill

Posted in Advertising, Legislation, Privacy, Regulatory

Advertising Week has always been an important week to those in the industry, and last week I sat down with Advertising Week’s Executive Director, Matt Scheckner, to talk about this year’s Advertising Week and how it reflects the changing face of the industry.  When discussing Advertising Week’s mission – Matt named education as one of the most important factors, and that’s certainly “The Way I See It.”

For the third year in a row, Davis & Gilbert was honored to sponsor the 2014 Advertising Week annual privacy/data forum, “Mission Impossible IV: Truth and Privacy.” I hosted this forum in NYC, and had the unique opportunity to talk to those who have their finger on the pulse of … Continue Reading

Keeping Tabs on an Industry Keeping Tabs on Itself

Posted in Advertising, Marketing, Regulatory

We live in a world of product innovation. There is sea change going on in media and technology. It seems that there is a new media platform and revolutionary device announced every week. Advertising is the currency that allows the offering of free information and services in media to consumers. Consumers absolutely want free content and do not wish to pay for it. Advertising has evolved to keep pace with changes in viewing habits, device use, technology innovation and taste and content. To keep pace with the advertising evolution, there is a critical need for industry self-regulation. This is the role of the National Advertising Division (the NAD).

The best way to establish trust with consumers is to establish standards … Continue Reading

The United Kingdom’s Take on Self-Regulation

Posted in Advertising, Regulatory

They had the Beatles, we’ve got the Eagles. They have Big Ben, we have the Washington Monument. There are endless comparisons to make between British institutions and those born in the United States, and things are no different the advertising field. Today, we’re talking specifically about advertising industry self-regulation, which both the United States and United Kingdom got serious about in the latter half of the twentieth century. In 1962, the United Kingdom advertising industry established its Advertising Standards Authority (ASA), which adjudicates claims of non-compliance with the British Code of Advertising Practice. Nine years later, the National Advertising Review Council – now known as the Advertising Self-Regulatory Council (ASRC) – was formed in the United States.

Both are non-governmental, … Continue Reading

Understanding Industry Self-Regulation: A Conversation with C. Lee Peeler

Posted in Advertising, Regulatory

Edith Ramirez, the new chairperson of the Federal Trade Commission (FTC), said that self-regulation can be “an important tool for consumer protection that can respond more quickly and efficiently than government regulation.”  For the advertising industry, that is certainly the case.  When advertising self-regulation was created in 1971, there were plenty of skeptics.  But today, the Advertising Self-Regulatory Council (ASRC) – which establishes the policies and procedures for advertising industry self-regulation, including the National Advertising Division (NAD), Children’s Advertising Review Unit (CARU), National Advertising Review Board (NARB), and Electronic Retailing Self-Regulation Program (ERSP) – remains critical for the industry, providing guidance on new developments and technologies, and implementing real monitoring and enforcement to preserve consumer protection standards.  This fall’s NAD … Continue Reading

The Role of State Consumer Protection Regulation and Enforcement in a National Advertising Landscape

Posted in Advertising, Regulatory

When we think about advertising law and regulation, we typically focus on Washington, D.C. and the federal regulatory agencies – for example, the FTC’s guidance, including in many industry-specific areas, the FDA’s regulation of food products and cigarettes, and the Consumer Financial Protection Bureau’s efforts of late in the financial services sector, among others.  But state Attorneys General are also very active in the enforcement of consumer protection and advertising laws and regulations, both independently within their jurisdictions and jointly through multi-state investigations and actions.  The increased presence of many advertisers in digital and social media does not have geographical borders, and state regulators can take issue with the advertising claims and methods used in these new media platforms along … Continue Reading

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

Posted in Advertising, Legislation, Regulatory

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.

This year’s Association of National Advertisers Advertising Law & Public Policy Conference will focus on the major … Continue Reading

Settling the Argument: Regulation and Disclosure in the Digital World

Posted in Advertising, Digital, Regulatory

We are in a “perfect storm” fueled by big data, technological change, media transformation (especially mobile), and global competition.  The conventional model of linear digestion of media followed by the linear transaction process is disappearing.  With digital media, consumers have multiple sites and screens open at the same time.  This year the number of Internet users in the U.S. will grow to 239 million, nearly 76% of the total population.  We’re not moving to a digital world, we’re there.

Rapid technological change in mobile devices and wireless service (4G and 4G LTE) fundamentally change how advertisers and consumers interact.  Material information is increasingly delivered to consumers not only at the most relevant touch points, but also – through geo-location – … Continue Reading