It’s always nice to highlight a case where the marketer is doing things right. In one such matter, the Electronic Retailing Self-Regulation Program (ERSP) determined that Guthy-Renker, LLC had adequate substantiation in support of claims for its product, Cold Plasma Sub-D, a topical cream intended to sculpt and tighten the appearance of skin along the chin and...
On December 15, 2016 DeVry University and its parent company agreed to a $100 million settlement of a FTC lawsuit alleging DeVry misled prospective students with ads that touted high employment success rates and income levels upon graduation. Ads claimed that 90% of graduates landed jobs in their field within six months of...
Not too long ago, the typical ad agency services agreement was a pretty simple document that included, among other things, industry-standard provisions identifying the products to be advertised, the services to be provided, and the fees to be paid for these services. However, with the ongoing convergence of technology, media and advertising...
In June 2017 we posted a story about the Federal Trade Commission sending letters to 90 celebrities and brands for failing to properly disclose material connections with the brands or products promoted on social media. At the time, the celebrities and the companies received warning letters reminding them of their obligations to include #sponsored or #ad for promotional...
Companies advertising to children…take heed! In a recent decision, CARU took what seems to be an especially hardline stance regarding the required sufficiency and clarity of disclosures made to children. In an action initiated through its routine monitoring program, CARU questioned whether Mattel’s :15 commercial for the “Sofia The First Royal Prep Academy” product adequately...
To the uninformed advertiser, free can be costly. The Better Business Bureau of Minnesota and North Dakota (BBB) has revoked the accreditation of Minnesota-based MyPillow, Inc. lowering its rating to an F primarily due to its Buy One Get One (BOGO) advertising campaign. It’s a reminder that advertisers must exercise caution when...
In a decision last month by the U.S. District Court, Northern District of California, dismissing a putative class action alleging false advertising by Proctor & Gamble and Gillette, the Court dealt with an important recurring issue in advertising law: when does a boastful claim in ad copy rise to the level of an objective claim of product efficacy, and when is it merely puffery...
While many of our posts deal with legal issues involving advertising content, content is only part of the story when it comes to advertising law. The other part is comprised of the agreements that underlie virtually all advertising campaigns. Among these is the agency services agreement, a document that is typically negotiated...