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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...Why Penny Auction Sites Could Be Dangerous and Possibly Illegal
September 28, 2012The Internet offers multiple websites luring consumers with promises of free iPads, TVs, and high-tech cameras. Many of these sites are auction sites, selling brand-name merchandise at deep discounts. Consumers bid on the merchandise, just as they do in an auction, but they frequently have to pay for the opportunity to bid. The sites are often referred to as “penny auction” sites, and variations on the model are proliferating rapidly on the Internet.
Read More...Back to School: Lessons in Truthful Advertising
September 5, 2012Like other mothers across the country, my back-to-school ritual last week included a visit to Staples to shop for school supplies. Who would not be lured by “easy” shopping but more importantly “free” highlighters? Indeed, the “free” highlighters were of particular interest to me as a mother, but they were also of equal interest to me as an advertising lawyer.
Read More...Legal Concerns in Designing Restaurant Menus
August 22, 2012Many states regulate offering specific foods in restaurants. There is little consistency from state to state, resulting in a morass of legal regulations that affects restaurants’ menu options.
Read More...Legal Lessons from Nutrisystem’s Pinterest Testimonial Campaign
July 16, 2012On July 12, 2012, the National Advertising Division of the Council of Better Business Bureaus (NAD) completed its review of Nutrisystem, Inc.’s Pinterest campaign entitled “Real consumers. Real success.” The NAD’s press release announced that Nutrisystem’s weight loss success profiles constituted consumer testimonials and should be in compliance with the FTC Endorsement and Testimonial Guidelines.
Read More...Why Brands Need to Conduct Background Checks Before Choosing Their Sweepstakes and Contest Winners
June 26, 2012Are you choosing a fan to reward in a social media sweepstakes or contest? Many advertisers find it useful to investigate the background and history of the potential winners for criminal or unsavory backgrounds before awarding the prize. Because social media leaves the brand so exposed to negative public relations, contestant vetting is a vital due diligence step. As the attorney drafting the promotions’ rules, I may collaborate with a private investigator on these issues.
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