Insights on Advertising & Promotions

The Entertainment Software Rating Board (ESRB), which administers the ratings system for video games, has launched a new warning label for use on video games that include in-game offers to purchase digital goods or premiums that include randomized elements.

During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently discovered, good intentions don’t always lead to good outcomes.

The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track) process.

Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof.

The introduction of the California Consumer Privacy Act (CCPA) at the beginning of the year continues a global trend of law-makers introducing new and more stringent rules for companies using individuals’ data.

The California Consumer Privacy Act (CCPA) is the landmark privacy law in the US that formally went into effect January 1, 2020, and provides California residents with rights regarding the collection, use, and sharing of their personal information.

As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies.

As comparison sites become more popular, the fine print becomes increasingly important for both consumers and companies.

The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in Advertising.

A recently-filed consumer class action alleges that canned tuna producer, StarKist, misled consumers when they claimed their tuna products are “100% dolphin-safe” and “sustainable.” The class action is moving forward after StarKist attempted unsuccessfully to get the case dismissed.

UrthBox, a subscription snack company, was charged with a complaint by the FTC due to misrepresenting positive consumer reviews on the Better Business Bureau’s and other third-party websites.

The National Advertising Division (NAD) of BBB National Programs, Inc. has changed its filing fees effective January 1, 2020.

In November, Google announced a plan to offer restricted data processing to ensure businesses can treat Google as a service provider under the California Consumer Privacy Act (CCPA).

The Digital Advertising Alliance (DAA) launched tools in late November that will assist businesses with California Consumer Privacy Act (CCPA) compliance, by increasing consumer control over data on all DAA participating companies through simple tools.

The $5 billion influencer industry is booming with an endless stream of fresh, aesthetically pleasing, and seemingly authentic figures.

AT&T is facing another potential setback to its “5G Evolution” advertising campaign after the National Advertising Division of the Better Business Bureau concluded that AT&T’s “5G E” claims are misleading to consumers. AT&T intends to appeal the NAD’s decision.

Nike’s recent slogan, “Sport Changes Everything,” was blocked by a North Carolina federal judge, who concluded the phrase infringed upon Fleet Feet Inc.’s existing trademarks “Running Changes Everything” and “Change Everything,” which the brand uses to promote running products and events.

Arent Fox Partner Matt Mills will speak at ACI’s 3rd Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation in January 2020. Matt will specifically examine the FTC and NAD’s recent scrutiny of “Made in the USA” and other country of origin claims.

Last month, Representatives Sean Patrick Maloney (NY-18) and Grace Meng (NY-6) introduced the Natural Cosmetics Act that would define the term “natural” as it relates to personal care products and give the US Food and Drug Administration (FDA) authority to enforce the new requirements. 

YouTube has a new procedure in place for content with children as the target audience. Due to a recent FTC settlement, channel owners must determine if content is direct to children before publishing.

Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking towards legislation that specifically targets electronics.

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules.

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns.

IP Partner Pamela M. Deese is a featured speaker at the Brand Protection Summit, co-hosted by CounterFind and Warner Music Group on November 7th, 2019 in New York.

Twenty-five Arent Fox LLP practices have been recognized in the 2020 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.