California Releases FAQs on Complying with Impending Drip Pricing Law
All About Advertising Law
by Ellen T. Berge, Leonard L. Gordon and Jay Prapaisilp
2d ago
Late last week, the California attorney general released Frequently Asked Questions regarding California’s “Honest Pricing Law” or “Hidden Fees Statute,” which will take effect July 1, 2024. The law is anticipated to have a sizeable impact, given its breadth, and will vastly change how businesses disclose the price of their goods and services to the public. When “advertising, displaying, or offering” a price, the law requires businesses to include all required fees and charges other than certain government taxes and shipping costs. The Advertised Price Is a Single Price, No Exceptions The FAQs ..read more
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Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry
All About Advertising Law
by Katie Wright Morrone and Sara Talebian
1w ago
Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial intelligence (AI) related to an individual’s voice. The law prohibits individuals from using AI to generate and distribute replicas of another’s voice or image without their prior consent. Many prominent members of the music and entertainment community have identified Tennessee’s law as an important step forward for the protection of artists’ (and others’) voice and likenes ..read more
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FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules
All About Advertising Law
by Craig A. Gilley, Laura Stefani and Leonard L. Gordon
2w ago
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies stated in a Memorandum of Understanding that they will share legal, technical, and investigative expertise and experience in enforcing the rules. The reinstated rules, adopted on April 25, formally reclassify internet service providers’ broadband services as “Telecommunications Services” under Title II of the Communications Act, rather than as a less-regul ..read more
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Event in Review: Why Can They Say That, but I Can’t? How to Challenge Your Competitors’ Advertising While Avoiding Being Targeted
All About Advertising Law
by Shahin O. Rothermel, Claudia A. Lewis and Ari N. Rothman
2w ago
Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with comparative advertising of your own or take legal action to make them stop. Before taking action, a company should carefully weigh its options, because the risks may outweigh the benefits, explained partners Shahin Rothermel, Claudia Lewis, and Ari Rothman in a recent webinar. Six Options for Challenging Competitors Want to challenge your competitors’ claims? Consider these si ..read more
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Telemarketing Trial: Defendant Sweeps All Six Claims Against the FTC and Pennsylvania AG
All About Advertising Law
by Leonard L. Gordon and Michael A. Munoz
1M ago
It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania provides us with just that. On March 29, 2024 the court issued a 55-page opinion following a 15-day bench trial on the FTC and Pennsylvania attorney general’s claims against American Future Systems, Inc. and its two co-defendants, finding in favor of the defendants on all six counts. The FTC and Pennsylvania AG challenged telemarketing for print publications, claiming defenda ..read more
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Unraveling a Tangled Net of Claims: Jury Split on a Jellyfish-Derived Supplement Product
All About Advertising Law
by Leonard L. Gordon, Mary M. Gardner, Michael A. Munoz and Glen Hisani
1M ago
In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary supplement called Prevagen were materially misleading. Quincy advertises that Prevagen improves memory through an active ingredient derived from jellyfish. The Federal Trade Commission (FTC) and the New York AG jointly brought the case against Quincy in 2017, alleging its marketing of Prevagen was unfair, deceptive, or false advertising in violation of Sections 5 and 12 of ..read more
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Not So Fast: FTC Letter Rebukes Direct Selling Self-Regulatory Council Guidance
All About Advertising Law
by Leonard L. Gordon, Michael A. Munoz and Ellis McKennie
1M ago
Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a self-regulatory body that can promote industry-wide policies and heightened compliance. However, late last month, the FTC criticized guidance promulgated by a self-regulatory body calling into question how much the current FTC values industry self-regulation.   In 2023, the BBB National Programs’ Direct Selling Self-Regulatory Council (DSSRC), a self-regulatory agency for multi ..read more
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Listen to Episode 12 of Venable’s Ad Law Tool Kit Show – “Telemarketing and Texting”
All About Advertising Law
by Shahin O. Rothermel
1M ago
Episode 12 of the Ad Law Tool Kit Show, “Telemarketing and Texting,” is now available. Listen here, or search for it in your favorite podcast player. Telephone and text marketing is ubiquitous these days. But those tools also pose private litigation risks and regulatory hurdles that marketers should be aware of at the outset of any campaign. They involve legal and regulatory complexities, including do-not-call laws enforced by the FTC, FCC, and states. In this episode, I talk to Venable partner Ari Rothman about how litigation often concerns consent for autodialed calls and texts. State laws m ..read more
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State Attorney General Inquiries: An Excerpt from the Advertising Law Tool Kit
All About Advertising Law
by Leonard L. Gordon and Ellen T. Berge
1M ago
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear an author of this chapter dive deeper into state AG inquiries in this week’s episode. State attorneys general (AGs) are the chief legal officers of their states or territories and can bring actions to protect the “public interest” in almost any area of law. They represent the state government and the general public and have broad jurisdicti ..read more
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Listen to Episode 11 of Venable’s Ad Law Tool Kit Show – “State Attorney General Investigations”
All About Advertising Law
by Leonard L. Gordon
1M ago
Episode 11 of the Ad Law Tool Kit Show, “State Attorney General Investigations,” is now available. Listen here, or search for it in your favorite podcast player. State attorneys general (AGs) are the chief legal officers of their states, and their areas of concern are vast. Aggressive enforcement against telemarking, debt relief, privacy violations, and charity fraud can generate goodwill with an AG’s state residents. Compliance with laws, prompt complaint resolution, and proactive engagement with AGs are crucial. In this episode, I talk to former Venable partner Alex Megaris about how busines ..read more
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