General Advertising Industry News & Updates

By all accounts, and as predicated by multiple news outlets earlier this month, COVID-19 may have a substantial and chilling effect on advertising.  Adweek, for example, wrote an article in early March predicting how the coronavirus would disrupt the global advertising industry, not merely by major events being cancelled but also by a potential decrease

Earlier this month, the Federal Trade Commission (FTC) announced that it had voted to seek public comment on its Guides Concerning the Use of Endorsements and Testimonials in Advertising.  The FTC explains that the Endorsement Guides (as they are frequently called) provide guidance to ensure that endorsements and testimonials in advertising follow Section 5

With the continued growth of social media and companies seeking to expand their online presence, companies are reminded to keep right of publicity considerations at the forefront of all promotional decisions.  As discussed in a prior blog post, the right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other

California’s Bureau of Cannabis Control has proposed emergency regulations requiring cannabis retailers to display their QR code certificate outside their storefronts and to require cannabis distributors and retail delivery drivers to carry the certificate when transporting cannabis.  These regulations are designed to allow consumers to confirm that retailers have a legitimate cannabis business license by

The Federal Trade Commission (“FTC”) recently sent out settlement checks to consumers who were allegedly deceived by UrthBox, Inc. (See https://www.ftc.gov/news-events/press-releases/2019/12/ftc-sending-refund-checks-consumers-allegedly-misled-free-trial.) While the settlement, $100,000, and the amount refunded, around $84,000, were not very high, the case is interesting as it reinforces the need for companies who offer online subscription services or that

Last month, the Securities and Exchange Commission (SEC) issued a press release describing its proposed changes to the Investment Advisers Act of 1940.  The Act contains various advertising and cash solicitation rules for investment advisers when soliciting clients and investors, which the SEC is proposing to modernize.

According to the SEC, the proposed changes are