Category Archives: Advertising Law

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How To Stop Worrying And Love Facebook Credits

Facebook Credits are here, and they’re sparking quite a bit of debate. Credits are the virtual currency that Facebook hopes third-party game makers will use so that there’s a single, consistent currency across all the games in the Facebook community. But if you’re going to use Credits, you not only have to pay Facebook a … Continue Reading

Why Every Business Should Have A Social Media Policy

Words matter. Words can come back and bite you. Think before you speak. These are all self-evident truths that no one is likely to dispute. Yet, we continue to see examples of people, who should know better, doing just the opposite. This is especially true in the context of electronic communications – first, in work emails, and now, on social … Continue Reading

Sometimes “Compare To” Packaging Means Just What it Says

The verdict in a recent high profile case alleging false advertising claims is significant for the store brand industry.  The case involved Perrigo Company, a producer of dietary supplements for the private label market, and Rexall Sundown, Inc.  The jury upheld the practice of communicating choice to consumers through the use of a comparison statement specifically identifying a national … Continue Reading

Efficiency v. Privacy: Is Online Behavioral Advertising Capable of Self-Regulation?

The Dilemma In what began as an innovative way to improve advertising efficiency, online behavioral advertising has spawned “Big Brother”-type fear among watch-dog groups worried about consumer privacy. According to the advertising industry’s “Self-Regulatory Principles For Online Behavioral Advertising,” online behavioral advertising is “the collection of data from a particular computer or device regarding Web viewing … Continue Reading

FDA Publishes Proposed Rule on Broadcast Direct-to-Consumer Prescription Drug Advertisement; the 4 New Standards

On March 29, 2010, FDA published a proposed rule setting forth how it would interpret the Congressionally mandated requirement that “major statements” in broadcast Director-to-Consumer (“DTC”) advertisements for prescription drugs be presented in a “clear, conspicuous and neutral manner." See proposed 21 C.F.R. § 202.1(e), 75 Fed. Reg. 15376 (March 20, 2010).    … Continue Reading

In re NCAA Student-Athlete Name & Likeness Licensing Litigation: Former Athletes Seek A Share Of NCAA Licensing Profits

The National Collegiate Athletic Association (“NCAA”) profits handsomely from the increasingly lucrative collegiate licensing and merchandising market— estimated to be worth $4 billion annually. Yet, current and former NCAA athletes do not share in these licensing fees. Two ways that the NCAA has accomplished this result are by requiring NCAA athletes to sign away their … Continue Reading

On Your Marks, Get Set…. Ambush!

  The image of Michael Phelps “swimming” across a Midwestern wheat field toward Vancouver recently raised the ire of the United States Olympic Committee (“USOC”), which characterized the image as “crossing the line.” But is the USOC’s position legally warranted, or is the image nothing more than a lawful and effective ambush marketing campaign? The … Continue Reading

Court Challenge to Maine’s New Marketing Law Fails

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it.  … Continue Reading

An Advertising Face-Off: Images and the Right of Publicity

The California Supreme Court will hear oral argument on June 3 in an important “right of publicity” case, Christoff v. Nestle USA Inc. Issues include whether the single publication rule applicable to mass communication-based torts applies to right of publicity claims; whether use of another’s likeness on a product label is a “publication” for purposes … Continue Reading

That’s Advertainment!

The Advertising and entertainment industries have merged.  While product placement  and brand sponsorship have been features of entertainment programs since the early days of radio, the efforts to integrate brands and brand messages into entertainment programming during the past few years have become more systematic and sophisticated than ever before. This article by Ben Mulcahy was originally published … Continue Reading
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