Publications
FTC Tags Vision App Ultimeyes® with $150,000 Consent Order and Restrictions on Future Advertising
In reviewing advertising copy and claims relating to a product’s performance, all products are not created equal. While some products may be advertised with little concern for regulatory scrutiny, others fall within categories that are clearly “high risk.” We’ve long known that dietary supplements, weight loss programs, skin care...
FTC Settlement with Ad Agency Marketing Architects: “Shared Liability” is Alive and Well
In a wake-up call to advertising agencies, the Federal Trade Commission and ad agency Marketing Architects, Inc. have entered into a settlement requiring the ad agency to pay $2 million to the FTC and the State of Maine Attorney General’s Office for its role in creating allegedly false and deceptive radio ads for weight-loss products on behalf of its client...
From the Three Stooges to T3Media: Is the Right of Publicity a Comedy of Errors?
“How can I ignite the fire in my heart when you’ve got your foot in my face?” This quote from an episode of The Three Stooges probably explains best the angst of parties on all sides of the right of publicity debate when it comes to untangling court decisions and their interpretation of this state-based right. Last month’s decision by...
Forecast for Negative Option and Continuity Programs – Cloudy Conditions Giving Way to High Pressure System
If there has been any doubt among marketers and their legal counsel regarding the landscape for so-called negative option and continuity marketing programs in the coming year, recent developments in regulatory enforcement evidence a trend toward enhanced scrutiny and oversight of these programs. Just last week, AdoreMe, Inc. agreed to a settlement...
ERSP – Guthy Renker | Cold Plasma Sub-D
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...
College of Hard Knocks
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...
Checklist for Drafting Statements of Work | Hint: Not Just a Form
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...
Celebrity Influencers: The FTC Premieres a Sequel
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...