Newsletters

10.25.13

“All Natural” Suit Moves Forward

A consumer class action alleging that Blue Diamond Growers falsely advertised its "all natural" products, such as Almond Breeze Chocolate Almond Milk, has survived the company's motion to dismiss.


10.18.13

Industry Petitions FCC to Forbear Enforcement of New Rule

On October 17, the Direct Marketing Association petitioned the Federal Communications Commission in regards to enforcement of the new rule's express written consent requirements as it relates to consumers who have previously provided consent to receive telemarketing calls or text messages.


10.10.13

Fourth Circuit “Likes” First Amendment Protection for Social Media Speech

A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court decision that the form of social media communication was not eligible for constitutional protection.


09.26.13

California Legislation on DNT Notice, Minors on Social Media

California Governor Jerry Brown recently approved legislation that will allow minors to delete social media content.


09.18.13

#PRnightmare – Flyer Buys Promoted Tweets to Bash British Airways

Advertising in social media may take on a different meaning after one flyer took a new approach to complaining about a company’s service.


09.12.13

Actress Claims Sponsorship Deal Soured Over “#spon”

Did the use of a hashtag cause Sensa Products, a weight loss company, to commit fraud and to breach its contract with celebrity endorser and Academy Award-winning actress Octavia Spencer?


09.04.13

Fake Virus Ads Result in Healthy $1.2M Settlement With FTC

Virus-scan ads that appeared on Android mobile devices while consumers played Angry Birds were the basis of a $1.2 million settlement between Jesta Digital, Inc. and the Federal Trade Commission.


08.29.13

Facebook Changes Its Promotion Guidelines

Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps.


08.22.13

NAD: “World’s Best” Claims Constitute Puffery

Broadcast advertising that claims that Tropicana Farmstand is the “world’s best fruit and vegetable juice” is puffery, the National Advertising Division determined in a challenge brought by Campbell Soup Co., the maker of competitive fruit and vegetable juice V8 V-Fusion.


08.15.13

FTC Updates COPPA Guidance

As promised, the Federal Trade Commission has provided additional updates to its Frequently Asked Questions guidance regarding the new Children’s Online Privacy Protection Rule which took effect July 1.