Social Media
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...Risky Pinterest Business? Questions on Intellectual Property Protection and Brand Promotion
December 5, 2012Pinterest’s announcement last month that it would allow the creation of business accounts seemed a welcome development. After all, the site had always encouraged authenticity but had not been welcoming authentic commercial use. Now businesses can come out of the shadows and claim their board’s business pages. In so doing, they still face many unanswered questions.
Read More...Legal Response to Newcomers’ Concerns in Launching Social Media Campaigns
November 12, 2012October, 2012 was a busy month for social media panels in Westchester, NY where my offices are located. I spoke at the Westchester County Bar Association about “The Evolution of Lawyers’ Ethics: Traps in Traditional Transactions and in the Use of Social Media” and at the Ad Club of Westchester on “Real World Successes (and Lessons Learned) with Social Media.”
Read More...Influencer Marketing Programs: The FTC is Watching
October 28, 2012The FTC recently closed its investigation of the Hewlett-Packard Company and its public relations firm, Porter Novelli, Inc. for violations of the 2009 Endorsement and Testimonial Guidelines. In a case that closely mirrors the Ann Taylor investigation of 2010, the FTC provided insight into how it determines whether to proceed with charges. (To read its closing letter, click here.)
Read More...