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- Feed Preview Covering Your Ads® Blog
FTC Finalizes Revisions to the Endorsement Guides, Proposes...nsumer Reviews and Testimonials and Updates FTC Staff Guidance
The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social me...
Lizama et al. v. H&M: A Lesson in Artful Crafting of Green Claims
Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers agai...
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spani...f JACK DANIELS Marks is a Poor Parody and Dilution Act Applies
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, ...
Supreme Court Finds Warhol’s Commercial Licensing of “O...r Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaite...
FTC Increases Scrutiny of Negative Option Marketing
Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices rela...
How to Succeed in Environmental Marketing Claims
Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deser...
Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices
On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertisi...
CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors
On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or pl...
FTC Strengthens Advertising Guidelines Against Fake Reviews
The FTC is seeking public comment on proposed changes to its Endorsement Guides. These changes aim to strengthen the guidelines against advertisers posting falsely positive reviews or by man...
Thinking of Jumping on the NFT Bandwagon – Are you Prepared?
“NFT” was 2021’s word of the year. This isn’t too surprising—they’re everywhere! The market cap for NFT transactions jumped from roughly $400 million at the beginning of 2021 to ...