Unfair Marketing: Ecolabeling – Advertising, Marketing & Branding

To print this article, all you need is to be registered or login on Mondaq.com. Do you refer to environmental labeling in your marketing? The Patent and Trademark Court of Appeal (PMÖD) has prohibited a company from claiming in advertising, for example on Instagram, that their products are certified with an environmental label without, in … Read more

2022 National Advertising Division (“NAD”) Conference And Federal Regulatory Enforcement Priorities – Advertising, Marketing & Branding

Key takeaways: Key focus areas for NAD advertising disputes include sufficiency of disclosures, proliferation of online ratings and reviews that fail to reflect consumers’ reactions, and a new policy to focus on harmful and misleading stereotyping in national advertising. The NAD’s expedited procedure for hearing disputes (“SWIFT”) has seen increased use over the past 12 … Read more

SEC Highlights Compliance With New Advertising Rule – Advertising, Marketing & Branding

28 September 2022 Jones Day To print this article, all you need is to be registered or login on Mondaq.com. On September 19, 2022, the SEC’s Division of Examinations issued a Risk Alert regarding the upcoming November 4, 2022, final compliance date for the new advertising rule (the “New Rule”). The New Rule results from … Read more

NAD To Address Harmful Stereotyping In Advertising – Advertising, Marketing & Branding

22 September 2022 Frankfurt Kurnit Klein & Selz To print this article, all you need is to be registered or login on Mondaq.com. NAD has announced a significant amendment to its Procedures to include in its purview advertising that encourages harmful stereotyping. Section 2.1, which addresses NAD’s mandate to ” resolv[e] complaints or questions from … Read more

DOT COM Disclosures And Dark Patterns – Advertising, Marketing & Branding

21 September 2022 McDermott Will & Emery To print this article, all you need is to be registered or login on Mondaq.com. The Federal Trade Commission (FTC) is considering updating and reissuing its guidance document on digital advertising, with the aim of tightening legislation against online consumer manipulation. The FTC recently requested comments on potential … Read more

VEGGIE Doesn’t Mean “Made Of Vegetables,” California Judge Rules – Advertising, Marketing & Branding

20 September 2022 Duane Morris LLP To print this article, all you need is to be registered or login on Mondaq.com. In a somewhat surprising ruling, a judge in the Northern District of California last week dismissed with prejudice a false advertising case about certain MorningStar Farms products such as VEGGIE BURGERS, VEGGIE DOGS, AND … Read more

Instead Of Shining A Light On Dark Patterns, New FTC Report Leaves Many Questions Unanswered – Advertising, Marketing & Branding

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Read more

NAD (Still) Doesn’t Trust Trustpilot Reviews – Advertising, Marketing & Branding

20 September 2022 Kelley Drye & Warren LLP To print this article, all you need is to be registered or login on Mondaq.com. If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it … Read more

Is Farm-Raised Fish “Sustainably Sourced”? – Advertising, Marketing & Branding

The Federal Trade Commission’s Green Guides provide guidance on how to make environmental marketing claims that are truthful and not misleading. The Green Guides explain how to make claims like “recyclable” and “made with renewable energy,” and they also caution against making general environmental benefit claims, such as “eco-friendly.” The Green Guides were last revised … Read more

“Improving The Health Of The Online Review Ecosystem” – Advertising, Marketing & Branding

14 September 2022 Frankfurt Kurnit Klein & Selz To print this article, all you need is to be registered or login on Mondaq.com. In a Business Blog post today, Samuel Levine, Director, FTC Bureau of Consumer Protection, provided some warnings and guidance to businesses engaged in the use of fake reviews. First noting the ease … Read more