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Documents on Antitrust & Trade Regulation, Internet & E-Commerce, Advertising & Marketing
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|FTC Votes to Keep July 1 Compliance Deadline for COPPA|
Loeb Loeb LLP;
May 20, 2013, previously published on May 2013The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule. Representatives from several industry groups had asked the FTC to delay the compliance date to give businesses more time to make the changes necessary to comply with the new...
|How to “.Com”ply with Disclosure Rules for Digital Advertising - Part 1: Avoiding Deceptive Advertising in the Digital Age|
Catherine M. Samuel, Meghan Waters; McCarthy Tétrault LLP;
May 17, 2013, previously published on May 10, 2013Does the medium matter? According to the U.S. Federal Trade Commission’s recent publication, “.com Disclosures, How to Make Effective Disclosures in Digital Advertising”, consumer protection laws apply equally to all forms of media and devices, including smartphones, tablets,...
|FTC Annual Report Highlights Commission Focus on Health-Related Advertising|
Katie Bond; Hyman Phelps McNamara P.C.;
April 16, 2013, previously published on April 15, 2013As it does every spring, the Federal Trade Commission (“FTC”) has released its annual report. The new report, which covers 2012, makes clear that the FTC remains as focused as ever on health-related advertising ¿ especially where advertising allegedly promotes products for weight...
|The Realm of Advertising in 140 Characters or Less: How the FTC Addresses Modern Concerns over Digital Advertising|
Ryan S. Klarberg, Robert J. deBrauwere; Pryor Cashman LLP;
April 15, 2013, previously published on April 9, 2013On Tuesday, March 12, 2013, the Federal Trade Commission (FTC) issued a new report that provides the latest guidance to those that advertise and market their products and services online. The detailed report, titled “.com Disclosures: How to Make Effective Disclosures in Digital...
|FTC Guidelines May Require Disclosure by Conference Speakers Using Social Media|
Stephen M. Schaefer; Whiteford, Taylor & Preston L.L.P.;
April 3, 2013, previously published on March 28, 2013Takeaway: If a nonprofit organization asks its conference or meeting speaker to use social media to promote the organization’s event, the Federal Trade Commission’s "Guides Concerning the Use of Endorsements and Testimonials in Advertising" may require the speaker to disclose...
|FTC Updates Guidance on Online Advertising Disclosures|
John G. Froemming, Susan M. Kayser, Meredith M. Wilkes; Jones Day;
March 22, 2013, previously published on March 2013On March 12, 2013, the Federal Trade Commission issued revised guidance for online advertisers on how to make "clear and conspicuous" disclosures to ensure that an online advertisement is truthful and not misleading. The guidance, .com Disclosures: How to Make Effective Disclosures in...
|Disclosures in 140 Characters or Less: New FTC Guidance on Online Advertising Disclosures Target Social Media and Internet Advertisers|
Meytal McCoy, John Nadolenco, Michael L. Resch, John Roberti; Mayer Brown LLP;
March 21, 2013, previously published on March 19, 2013The US Federal Trade Commission recently updated its guidance on online disclosures-Dot Com Disclosures: How to Make Effective Disclosures in Digital Advertising (the 2013 Dot Com Disclosures). In the guidance, the FTC re-emphasizes that its jurisdiction and requirements apply equally to...
|FTC Updates Dot Com Disclosures Guidance for Digital Ad|
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
March 20, 2013, previously published on March 18, 2013On March 12, 2013, the Federal Trade Commission ("FTC" or "Commission") released revisions to its Dot Com Disclosures guide to provide further guidance on how federal advertising law applies to online and mobile advertising and sales. The FTC first published Dot Com Disclosures...
|POM Wonderful Appeals FTC Decision and Order but Does not Request a Stay|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
March 19, 2013, previously published on March 18, 2013As we previously reported in January 2013, the Federal Trade Commission (“FTC”) determined that POM Wonderful, LLC’s advertising for its products violated the FTC Act and issued a cease and desist order restraining POM’s future advertising.
|How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be Interested in Resolving the Three-Way Circuit Split|
Brendan J. O'Rourke, Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
March 19, 2013, previously published on March 18, 2013Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing to sue under the Lanham Act's false advertising prong. This month, the...