First SEC Touting Charges

For the first time, the Securities and Exchange Commission (SEC) charged two celebrities for failing to disclose their material connection to the investments being promoted. It is well established law that when a celebrity is paid to endorse a product, that payment is the basis for the material connection, which must be disclosed to the […]

Honoring Coupons

We all love coupons, especially when the coupon states “pay no more than…” a small amount for expensive prescription medicine. It is crucial that terms and limits of such offers be clear and conspicuously displayed on the coupon itself for the consumers to see. In this case, the New York Attorney General’s office found that […]

“Spanish Language Is Identity Affirming”

According to Nielsen’s Descubrimiento Digital report of 2018, “Spanish Language Is Identity Affirming. The use of Spanish language and cultural connections are critical to U.S. Hispanic identity and lifestyle. As the Latinx population has seen a steady increase in young, bilingual, U.S.- born Hispanics (as well as a significant ambicultural* Afro-Latinx population), language remains one […]

Consequences of NOT Substantiating Claims

It is great when companies bring new technology to the market, but not if the claims in the marketing campaign cannot be substantiated. A sun screen company claimed that its product “SPF 70 provides Broad Spectrum UVA/UVB Plus INFRARED sunscreen protection for your skin from free radical damage caused by long term exposure to IR-A […]

Marketing to Hispanic Women

A great article on marketing to Hispanic Women. Spanish marketing campaigns are crucial for market growth in the USA. It’s best to have your Spanish marketing campaigns reviewed in Spanish for compliance. #transparencyformstrust #substantiationequalstrust #advertisingandmarketinglawyer Association of National Advertisers Five things every marketer needs to know about the powerhouse Latina consumer: http://bit.ly/2N4w2MS  

Marketing Campaigns in Spanish

The numbers listed in the Pew Research Center chart below are important to anyone doing business in the USA. Marketing campaigns in Spanish are important for market growth in the USA, and they must meet the same legal requirements (locally, regionally and nationally) as English campaigns. Building trust in Spanish also comes from transparency and […]

Professionals Can Get in Trouble for False and Misleading Advertising too

Advertising and Marketing Laws apply to all businesses, even the service industries. Recently, an attorney in New York was suspended for various reasons, one being false and misleading advertising. The Court stated “With regard to the charge that the respondent engaged in false advertising, the Statement of Charges alleged that the respondent maintained a website […]

UPDATE: FDA Warning Letters and FTC warnings worked!

Four months ago, I posted about a disturbing trend regarding misleading labeling and advertising of e-liquids that looked similar to “kid-friendly food.” Today the FDA “announced that all 17 manufacturers, distributors and retailers that were warned by the agency in May, have stopped selling the nicotine-containing e-liquids used in e-cigarettes with labeling or advertising resembling […]

The FDA is watching too!

Regardless of where the product is made and in what language the product is marketed in the USA, proper labeling of the product is crucial. #substantiationequalstrust, #transparencyformstrust