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Nevada Gets Into the Game

Game. On.

Nevada joins California in enacting its own privacy statute to protect consumer data. The California Consumer Privacy Law, is a broad sweeping regulation that applies to all businesses, regardless of industry, that that collect consumer personal data, do business in California, and meet one or more of the other criteria set forth in the […]

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RVAd Law: May Edition

What happened in May in the world of advertising law? Check below for some of the highlights.

Stood Up by an App Store.          Even the app stores have relationship problems. Apple’s App Store and the Google Play Store broke up with three dating apps after the FTC notified them of potential FTC Act and COPPA […]

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CBD Advertising: Don’t Get Caught in the Weeds

It’s high time for CBD advertising regulation according to the FDA and FTC. The agencies sent letters to three companies -Nutra Pure LLC, PotNetwork Holdings, Inc. and Advanced Spine and Pain, LLC – who sell and advertise products containing cannabidiol (“CBD”).  Upon review of the companies’ websites, the agencies determined that the advertising might violate […]

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#PlaybytheFairUseRules

As the song from Annie goes, “You’re never fully dressed without a smile.” But one company wasn’t smiling so much this week when a California federal court granted an injunction against them for using a competitor’s hashtag in social media posts.

Invisalign, by Align Technology, makes a scanner called iTero, that can take a 3-D picture […]

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Call for Backup: Substantiation in Advertising Claims

What is substantiation?  It’s not what we do the day after we have ice cream sundaes for dinner (that’s rationalization). It’s what advertisers should do every time they make a claim about a product or service. Whether you are advertising its effectiveness, purpose, price, or any other attribute – if you claim it, you […]

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A What Not to Do List

ROSCA is the Restore Online Consumer Confidence Act. It’s
the rule under the FTC that regulates negative option offers. You know those
offers, they go something like this:

Step 1: A “risk-free” trial offer; Step
2:  Undisclosed charges if you don’t
cancel the un-risky trial; Step 3: You also got that automatic shipping with
your free trial; Step 4: You […]

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Best in Show: Five February Ad Law Headlines

While February is the shortest month (and for us Richmonders, the one with the strangest weather), it was not without an abundance of advertising law updates and headlines.  Below, I’ve summarized my top Five for February, although there was so much content that it was hard to just pick five). In the interest of […]

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Here Comes Generation Alpha

There are lots of scary headlines lately but this one may be the scariest yet: Here Comes Generation Alpha. The name is what it implies – move over Millennials, Alphas are the new, well, alphas, when it comes to who is making household purchasing decisions. These are kids born in 2010, the same year that […]

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Ooh La La…GDPR Fines Google Beaucoup

If we were waiting to see what effects the General Data Protection
Regulation, fondly known by now as the GDPR, would have on US based companies, we
have clues. Another 56.8 million of them – the amount of the fine against
Google for non-compliance with the consent requirements of the GDPR.  

France’s data protection regulator (CNIL) found […]

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Alphabet Soup Part II: Who’s Who in Advertising Self-Regulation

In Part I of Alphabet Soup, I outlined the online advertising self-regulatory framework.

In Part II, I focus on the Advertising Self-Regulatory Council (“ASRC”), administered by the Council of Better Business Bureaus, and its mission of providing guidance and standards for truth and accuracy in advertising for national advertisers. Much like the Federal Trade Commission, […]

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