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Insights on Advertising & Promotions

282 total results. Page 2 of 12.

The Fine Print
Made in America is Alive and Well as Are Large Penalties for Violations: Kubota to Pay $2 Million for False Claims
February 5, 2024
Pamela M. Deese, Emily B. Lewis

The Federal Trade Commission (FTC) is continuing its Made in America enforcement offensive in full force in 2024, further cracking down on companies for falsely advertising that their products are “Made in the USA” when, in reality, such products do not meet the thresholds that must be satisfied in order to legally make such claims.

News
Jasnow Discusses Fashion’s Need for Clear Standards from FTC's Green Guides
January 31, 2024
Dan Jasnow

Advertising Partner Dan Jasnow was quoted by Bloomberg Law discussing the significant risks fashion brands face from lawsuits over misleading claims, emphasizing the need for clearer standards in the current US Federal Trade Commission’s (FTC) Green Guides to mitigate these risks.

The Fine Print
To Bin or Not to Bin: California Clears Up Questions About Which Products Can Display Recyclability Symbols
January 25, 2024
Dan Jasnow, Robert G. Edwards, Ph.D., Eric Sanchez

For many consumers, comprehending Shakespeare is easier than discerning which products are recyclable and which are not. California’s “Truth in Labeling” law (SB 343), which provides stricter regulations for what products or materials can display the “chasing arrows” recyclable symbol, may bring welcome clarity for consumers, even as it raises a host of new questions for manufacturers, suppliers, and brands.

The Fine Print
Influence At Your Own Risk: Navigating Influencer Contracts
December 13, 2023
Chris L. Bollinger

Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike.

Press Release
ArentFox Schiff Earns 62 Top “Best Law Firms” Rankings
November 2, 2023

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

Alerts
FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees
October 20, 2023
Ann H. MacDonald, Matthew R. Mills, Kylie S. Wood, Constance Zhou

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain “hidden” and “junk” fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are estimated to cost consumers 10s of billions of dollars annually.

Alerts
All or Nothing – FTC Intends to Hold Sellers Accountable for Cherry Picking and Manipulating Consumer Reviews
October 17, 2023
Pamela M. Deese, Emily B. Lewis

The Federal Trade Commission’s (FTC) comment period for a rulemaking to promulgate a trade regulation titled “Rule on the Use of Consumer Reviews and Testimonials” concluded on September 29.

Events
Ankler: AI — Friend or Foe?
October 16, 2023
Dan Jasnow

Dan Jasnow will join a panel with The Ankler at Advertising Week New York to discuss the risk and rewards of using AI.

Alerts
Even More Hotel Fee Litigation: Latest Class Action Keeps Fees at the Forefront
August 31, 2023
Ann H. MacDonald, Matthew R. Mills, Constance Zhou

On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating customers out of millions of dollars through hidden fees.

Events
ABPI’s 43rd International Congress
August 21, 2023
Thorne Maginnis

Trademark & Advertising Associate Thorne Maginnis will present at the Brazilian Intellectual Property Association’s (ABPI) 43rd Congress in Rio de Janeiro, Brazil, on Monday, August 21, 2023.

Press Release
ArentFox Schiff Attorneys Recognized by Best Lawyers, Ones to Watch, and Lawyers of the Year for 2024
August 17, 2023

ArentFox Schiff is pleased to announce that 130 attorneys have been recognized by The Best Lawyers in America 2024, with an additional four attorneys highlighted as “Lawyers of the Year” and 69 attorneys listed as “Ones to Watch.”

Alerts
FTC Crack Down Continues Against False Made in USA Claims
July 5, 2023
Pamela M. Deese, Emily B. Lewis

The Federal Trade Commission (FTC) continues to evidence a strong commitment to bringing enforcement actions against false or deceptive US-origin marketing claims.

AFS Advertising & Promotions
Alerts
FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims
April 27, 2023
D. Reed Freeman Jr.

On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice of their obligation to have adequate substantiation of their claims.

Alerts
FTC Cracks Down Against False Made in USA Advertisements
April 13, 2023
Pamela M. Deese, Emily B. Lewis

The Federal Trade Commission (FTC) continues to crack down on companies for falsely advertising that their products are “Made in USA,” as most recently announced in a press release issued on March 30, 2023.

The Fine Print
Desperate Times, Desperate Measuring Cups – FTC Brings Enforcement Action for False “Made in USA” Advertising
March 1, 2023
Dan Jasnow, Emily P. Caylor

The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States.

Press Release
ArentFox Schiff Elects 13 Attorneys into Partnership
December 14, 2022

ArentFox Schiff is pleased to announce the election of 13 new partners, effective January 1, 2023.

Press Release
ArentFox Schiff Attorneys Recognized by Best Lawyers and Ones to Watch for 2023
August 18, 2022

ArentFox Schiff is pleased to announce that 121 attorneys have been recognized by The Best Lawyers in America 2023, with an additional six attorneys highlighted as “Lawyers of the Year” and 40 attorneys listed as “Ones to Watch.”

Alerts
FTC Fines Fashion Company $4.2 Million for Blocking Negative Customer Reviews
February 9, 2022
Anthony V. Lupo, Dan Jasnow

In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for online retailers and review platforms.

News
Pamela Deese Quoted in Licensing International: Virtual Land Rush Underway in the Metaverse
February 3, 2022
Pamela M. Deese

Arent Fox’s Pamela Deese spoke with Licensing International about the metaverse forcing brands to stake new trademark claims to ward off would-be infringers.

Fashion Counsel
Is Your Brand "Sustainable"? How Retail Companies Can Stay in the Green
January 19, 2022
Anthony V. Lupo, Dan Jasnow

With growing consumer shift toward “sustainable” products, retail companies must ensure that claims of sustainability can be substantiated while planning ahead for anticipated changes to the Federal Trade Commission’s Green Guide in 2022. Anthony Lupo and Dan Jasnow have your main takeaways.

Fashion Counsel
Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping
November 18, 2021
Anthony V. Lupo, Matthew R. Mills, Sarah Alberstein, Dan Jasnow

The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of California’s 30-day shipping rules.

Press Release
25 Arent Fox Practices Rated Among Nation’s Best by US News and Best Lawyers
November 15, 2021

Twenty-five Arent Fox LLP practices have been recognized in the 2022 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Alerts
Save Recycling, Ban the Symbol? California Aims to Clear the Confusion
November 11, 2021
Lynn R. Fiorentino, Anthony V. Lupo, Brian P. Waldman, Dan Jasnow

Many of us are familiar with the triangular “chasing arrows” recycling symbol that can be found on products and packaging

The Fine Print
$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims
October 22, 2021
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow, Sarah Alberstein

Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials in violation of an earlier FTC administrative order prohibiting the company

AFS Advertising & Promotions
The Fine Print
On Notice: FTC Threatens Significant Fines Against Advertisers Who Violate Endorsement and Testimonial Guidance
October 18, 2021
Anthony V. Lupo, Pamela M. Deese, Matthew R. Mills, Dan Jasnow

The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in civil fines of up to $43,792 per incident. While the notices do not allege a

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