Mobile Marketing
FTC Issues New Rules for Digital Advertising
April 4, 2013Advertisers now have a new set of standards for making disclosures in digital advertising, courtesy of the FTC. Last month, the FTC released its revised “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising.” Asserting that advertisers need to make their disclosures clearly so that consumers understand their offers, the FTC decries hyperlinks, hashtags, and pop-ups.
Read More...Sweepstakes and Prize Offers Create Interdisciplinary Legal Risks for Marketers
March 8, 2013Consumers love prizes, but they hate being deceived by illegal and false promises of prizes. They especially hate when they have been lured into giving away personal information or spending money needlessly. Sweepstakes and contests require detailed legal vetting, but so do the advertising and marketing messages that accompany these prize promotions.
Read More...Hot Topics in Advertising Law for 2013
January 16, 2013With 2013 now officially underway, I am highlighting some hot topics in advertising law. We will continue to see developments in these areas, whether judicial or legislative in nature. The most proactive step a brand can take to avoid legal risk is to allocate some of its crisis budget to audit its advertising and marketing practices early in the year.
Read More...Preventing Legal Mistakes in Social Media Sweepstakes and Contests
February 13, 2012Marketing consultants frequently recommend the use of sweepstakes and contests on social media platforms. Yet, in their enthusiasm for using this exciting marketing tool, marketers frequently expose themselves to legal risk. This blog will examine ten mistakes that brands make in launching a social media prize promotion.
Read More...Mobile Marketing Matures: Legal Issues Persist
January 24, 2012Earlier this week, I was interviewed as a legal expert in the PR News digital article “As Texting Moves from Simple Bottom-Line Actions, R U Ready?” (See January 23, 2012 edition at www.prnewsonline.com.) After exploring some of the innovations in mobile marketing for PR professionals, the article included my comments about the biggest legal risks in mobile marketing. These are 1) creating a proper consumer opt-in; 2) conducting legal prize promotions; and 3) identifying privacy concerns.
Read More...Legal Requirements for Claiming Products “Made in America”
January 10, 2012On Friday, January 6, 2011, The New York Times reported that manufacturing is experiencing an upswing in the United States. When can a manufacturer claim that its products are made in America? What does “Made in USA” mean from a legal perspective? This is a good time to review the FTC’s “Enforcement Policy U.S. Origin Claims” in advertising and packaging.
Read More...