Alphabet Soup: Who’s Who in Advertising Self Regulation


Everyone is familiar with the Federal Trade Commission which is the main federal body regulating and enforcing advertising laws.  But in addition to federal regs, the advertising industry has a robust and complex self- regulatory framework. This framework provides voluntary guidelines and best practices for all aspects of the advertising industry.

The online […]

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Goodbye 2018, Hello 2019: End of the Year Ad Law Update

End of The Year Update – Best of December

2018 ended with some exciting advertising law headlines: dropped lawsuits, cannabis regs, and SEC settlements with DJ Khaled and Floyd Mayweather, Jr.

1.  Production Transparency.       The Department of Justice has halted its investigation, which began in 2016, into whether ad agencies were directing […]

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The Toys are Listening (even if your kids aren’t)

Everyone wants to give the latest and greatest toy or gadget to their children for the holidays.  When I was 10, it was a Cabbage Patch Kid, and now with most ten-year old’s it’s something that starts with an i.  But beware, parents – while smart toys may have lots of appeal, they may not […]

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Tips for Successful Real Time Marketing

What is Real Time Marketing?

Real Time Marketing (“RTM”),  is when marketers react quickly to a moment such as an event, a national celebration, a big game – in an effort to add some relevancy into a consumer conversation as that event is happening, usually via social media or instant response platform. It’s marketing based on […]

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You Can Run, But You Can’t Hide……

You Can Run, But You Can’t Hide: FTC Reinforces its Position that Compliance is Everyone’s Responsibility

In a recent FTC action, a PR agency, its CEO, a magazine publisher, and its owner, were found to have broken several FTC rules: namely, the were found to have misrepresented paid endorsements as independent consumer opinions and commercial advertising […]

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Brands on a Mission

Brands on A Mission

A federal court in California just made it a little harder for your goods to be sold by unauthorized resellers on online marketplaces, giving brands the advantage when it comes to protecting brand quality and safety.

In ADG Concerns Inc. d/b/a Health Concerns (a health supplement company), vs. Tsalevich, LLC, the court entered […]

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Data Driven, Privacy Sensitive – Ad Law 2019

The overarching theme this year at the Association of National Advertiser’s Annual Marketing Law Conference was Data. How we use it, how we gather it, what is its current definition (which may depend on what country you live in), how much do we willingly share, how much do we unwillingly share, and ultimately, who is […]

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Predicting the Future? New FTC Tools Share Insights


In October, the FTC launched a new tool to view aggregated consumer complaint data. Rather than being released annually, the FTC will now release this data on a quarterly basis. Users can see aggregated consumer complaint data organized by state, type of consumer issue (fraud etc…), the amount of loss and other detailed information.

For example, […]

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Advertising and Marketing Law Update

Below is a list of topics that may be of interest to you or your clients and for the month of November, I am offering thirty minute sessions (free) to provide updates as well as guidance on best practices.

Email me at to set up some time.

Influencers, native advertising, and the right of publicity

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Two New False Advertising Claims – An Unhappy Cow and a Super Starch

The Cows Did Not Jump Over the Moon in This Claim:

Plaintiff Organic Consumers’ Association alleged in its Washington D. C. state court claim, that Ben and Jerry’s (and its parent company Unilever) falsely advertised that the milk used in their ice cream came from happy cows raised in caring dairies.  Unfortunately, all was not happy […]

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