It’s Not Only What You Say, It’s How You Say It Too!

As marketers, what marketing campaigns say is important,  but how the claim is made is just as important.  Comparing one’s products to those of a competitors could be fair game as long as the comparison is based on “…reasonable basis for its claims….”  Comparing labels of products to show the difference may also be acceptable. […]

Are Disparagement Clauses Legal?

Apparently, there seems to be a growing trend across the US where businesses are including “disparaging clauses” in their form contracts.  From Massachusetts to Las Vegas, business are including language stifling honest and negative reviews of such businesses by threatening to sue the customers who may post negative reviews.   According to the Federal Trade […]

Does Your Marketing Encourage Criminal Acts?

From the Advertising, Marketing and Promotions Law perspective, the recent decision by the Connecticut Supreme Court raises interesting legal questions regarding marketing strategy. The Court allowed plaintiffs “to subpoena internal documents on how the gun companies have marketed the AR-15, which has become the weapon of choice for mass shooters. The gun manufacturers have closely […]

Guilty Plea – False and Misleading Labeling and Advertising

As an Advertising, Marketing and Promotions attorney, part of what I look at during my review of marketing campaigns is the documentation to support products’ labels. The point of doing so is to help marketers minimize risk, but most importantly, help marketers build trust and confidence in their brands. Trust is crucial to building brand […]

Inclusion Rider

I’m just curious, what would happen if advertising and marketing industry contracts were to contain “inclusion riders”? Comments? hashtag#substantiationequalstrust hashtag#transparencyfromstrust hashtag#advertisingandmarketinglawyerhashtag#hispanicadvertisingandmarketingatorney See the following Law 360 article: Expert Analysis – Opinion Inclusion Rider Work Must Continue In Hollywood And Beyond By Kalpana Kotagal        

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 […]