FTCRecently, I co-authored the below advertising alert with Advertising, Marketing & Promotions Partner, Matt Smith.

On the heels of recent high-profile enforcement actions by both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) against the automobile industry, the New York Attorney General (NYAG) has now zeroed in on the industry as

FTCAs you know, over the past few weeks, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I have been discussing the FTC’s updated answers to its FAQs. The following topics will conclude this series: online reviews, employee endorsements, and monitoring.

Online Reviews: According to the FTC, a retail website that includes customer reviews of the

FTCThe Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect

Think GreenAs you know, Davis & Gilbert produced our 2014/2015 Lessons Learned Practical Advice document, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014/2015 Lessons Learned Practical Advice document, click here. This week, I wanted

FTC2014 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

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

The Federal Trade Commission (FTC) made a number of changes to its regulations and guidelines in 2013.  Specifically, the FTC updated its “.com Disclosures” guide to provide advertisers with more specific instructions for complying with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in various forms of new media. Moreover, the updated guide

There were significant changes in almost every aspect of the law relating to advertising, marketing and promotions in 2013, and Davis & Gilbert published a piece entitled, “2013 Lessons Learned and 2014 Practical Advice.” This piece explains and discuss what happened, and offer suggestions for advertisers and agencies to think about and address in 2014.

We’re all familiar with the classic product demonstrations in television commercials: who hasn’t seen re-enactments of the super-absorbent paper towel, or the dish detergent that cuts through grease with a single drop?

How do we define a demonstration?  Well, a demonstration is just that: a way for advertisers to show the product functioning as it actually would, as objective “proof” of performance.  As such, it is especially important that demonstrations actually consist of a true and accurate portrayal of the product.  When the FTC began bringing enforcement actions concerning advertising demonstrations in 1959, it encountered cases where products or props had been doctored, enhanced or replaced to achieve the desired performance, and the advertiser had not disclosed any modification.  Even if the product claim itself was not false, the issue was that the demonstration was false.   For example, in the early 1990s, Volvo ran an advertisement which showed a monster truck crushing other cars, except for a Volvo station wagon, in order to show that Volvo vehicles would provide superior safety in a collision.  However, the commercial was produced by weakening the competitor vehicles’ roofs and reinforcing the Volvo’s roof, and then subjecting the Volvo to less severe crushing by the truck – none of which was disclosed to consumers.  Subsequently, the FTC issued a consent order requiring Volvo to stop depicting demonstrations that involved undisclosed mock-ups or material alterations to products.Continue Reading Brand Activation Association Marketing Law Conference: Demonstrations

This week, leading lawyers, legislatures and marketers attended the 35th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA I gave a presentation titled, “Journey to the Center of Advertising Law: Knowledge, Insights, and Practical Tips on The Most Important 2013 Advertising Developments.” Over the next few days, I will share with you three video clips from my presentation. Let’s dive into the first one…

How do we determine “reasonable consumer” behavior?  This is an increasingly important question in a world where the consumer population comprises people with differing views, perspectives, education levels, and experiences.  The “reasonable consumer” is crucial in advertising law:  this person interprets advertising, determines what claims are actually being made, decides whether there are any implied claims, decides whether a statement is “puffery,” and helps courts decide whether advertising is ultimately misleading or deceptive.Continue Reading Brand Activation Association Marketing Law Conference – The Reasonable Consumer