Restaurant/Food Services
Influencer Marketing Ills: Legal Problems on Instagram
April 24, 2017The Federal Trade Commission (FTC) has been watching social media influencer marketing campaigns particularly carefully. In the modern world of social media marketing, the line between acceptable business practices and illegal deceptive speech can be blurry. The government agency wants to ensure that consumers are not manipulated with endorsements and testimonials that brands have “bought.” In the first quarter of 2017, the FTC went on the prowl on Instagram to find influencers and brands whose posts may be violating the law. In April, the FTC sent over ninety letters to companies and some celebrity and other social media users, reminding them of the legal requirements for clarity in their influencer marketing.
Read More...Hot Legal Issues for Marketers Summer 2016
August 5, 2016It’s August, and brands are heating up their summer campaigns and preparing for fall, Marketers tend to jump on prominent news stories and seek relevance by reacting to them. In so doing, they may run afoul of trademark laws or regulatory compliance issues. The season also brings retail challenges, as bricks and mortar stores try to sell off as much inventory as possible. Price claims in advertising also have legal consequences. Here are some “hot” legal advertising topics.
Read More...Native Advertising Legal Analysis and Practice Tips
July 21, 2016Advertising that feels and looks like editorial platform content has existed for decades. In the age of social media, however, “native advertising,” as it is now often called, has become more confusing. Brands have become more sophisticated at disguising their advertising messages within the editorial content, making it more difficult to differentiate commercial speech. The transition from editorial to sponsored content may be so seamless that consumers may not realize that they are perusing advertising. On the heels of John Oliver’s diatribe against this practice, the Federal Trade Commission (FTC) remains consistently concerned about native advertising’s potential to deceive consumers.
Read More...Food Law: Advertising & Marketing Concerns for Food Entrepreneurs
April 26, 2016From food subscription services to mobile food trucks, food is on the go, liberated from traditional kitchens. Food law has grown with this thriving industry. For food entrepreneurs launching or growing their businesses, here are ten advertising and marketing law issues to consider.
Read More...Legal Problems for Franchisors in Social Media
April 4, 2016Social media content moves swiftly and sometimes even the best marketing teams make mistakes. Those mistakes can come back to bite a franchisor, hurting its reputation and even causing legal issues.
Read More...FTC Assault on Lord & Taylor Follows Viral Product Bomb Campaign
March 25, 2016Industry members were surprised to see swift enforcement of the FTC’s Native Advertising Enforcement Policy, disseminated in December 2015. On March 15, 2016, the FTC announced its first consent order under this policy. Retailer Lord & Taylor (L&T) had run a highly successful social media “product bomb” campaign in March 2015 to launch its apparel line Design Lab. The campaign focused on one paisley, asymmetrical dress. L&T contracted with Nylon, an online fashion magazine, to run an article about the collection and feature the paisley dress. L&T also required Nylon to post a photo of the dress on its Instagram page. L&T reviewed both the article and the Instagram post before publication but failed to require a disclosure that they were paid advertising. Instead, the FTC alleged that L&T falsely and deceptively presented Nylon’s content as independent opinion about the Design Lab line.
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