The following are important in any marketing campaign: Transparency:  Be HONEST and open Substantiation:  Support your claims – have proof to support what your advertising says such surveys, product testing, etc. Disclosures:  Provide necessary and important information to inform your audience to make an informed decision such as smoking causes cancer Disclaimers:  Specify limitations such […]

On line marketing raises interesting legal issues. If your marketing campaign targets US consumers, regardless of your location, then Advertising, Marketing and Promotions Law in the USA applies to you. Regardless what you may be advertising (product, service, etc.). Once on line, in the public domain, marketers need to consider that if US consumers are […]

What does your marketing campaign say?  Express warranties in your marketing campaigns usually come from the claims made, which hopefully are substantiated.  The copy usually states the express warranty.  But, what about the implied warranty of your advertising campaign?  What can a reasonable person assume from your background, photo, video, music, etc?  What are you […]

For the past few weeks, I shared some ideas of what agencies and businesses can do during COVID19 downtown.  Here is a recap…     1.  Perfect timing to review advertising campaigns for legal compliance in English and  Spanish before launching them publicly.     2.  Perfect timing to review existing marketing campaigns in the […]

Like many other businesses, I am open, working from home and meeting with people on line. There is no doubt that COVID 19 has changed life as we know it, but I am taking advantage of technology to keep my appointments, network, meet new people and work. I find that by continuing to work, I […]

Another suggestion of what to do with downtime during COVID 19 is… Perfect timing to review potential Intellectual Property (IP) issues in your marketing campaigns While working on current campaigns that will hopefully be launched publicly soon, it is crucial to review potential issues with IP being used in your campaigns.  Do you have permission […]

If a TV station airs a political advertisement produced by an ad agency that paid for air time, can it be sued for the content of the political ad for false and misleading advertising? This is NOT a political post!!! The recently filed case, Donald J. Trump For President, Inc. v. Northland Television, LLC, d/b/a […]

In continuation of ideas of what to do during COVID19 downtime, my next suggestion is… Perfect timing to implement Advertising Law internal procedure policy Last week, I discussed the importance of doing in-house legal training on Advertising Law to have the team educated on dos and don’ts of Advertising Law.  It is also important that […]

For the past couple of weeks, I have been posting ideas what to do for your business with downtime during COVID 19.  Today I share another idea that I strongly feel needs to be done often as the law changes often.  Just like on-boarding is imperative for new team members, so is maintaining skills.  So, […]

Are you legally compliant with privacy/data collection laws?  When you are in the office, you probably have a uniform system upon which to rely for privacy and data collection issues.  Some offices give employees laptops that are to be used for work that have all the uniform protections as the office.  So, now that everybody […]