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 […]

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 […]