Publications
CARU – Mattel – Sofia the First
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...
BBB to MyPillow: BOGUS BOGO
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...
Advertising Law Litigation Update: Duracell Claims Found To Be Puffery
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...
60 Second Advertising Law Check-Up: Ownership of Creative Materials
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...