Can your business afford such financial penalties for false and misleading advertising? The FTC recently fined a business for “falsely” labeling its product with “Made in the USA” labels and making false statements such as “Proudly Designed and Built in the USA” What did the FTC use in its case? Accordingly, the complaint stated… “Photographs […]
As an Ad Law attorney, I remind everyone that all your marketing assets must be legally compliant before using them publicly per the FTC. I always start my legal reviews under the Federal Trade Commission (FTC) laws and regulations. BUT, is that enough? What do you think? Let me know in the comments. DM me […]
Yes, they are different! Regulations:1. Have the force of law. 2. Regulations are required when legislation becomes law. 3. must go through a process before being finalized and legally applicable. Guidance: 1. Clarification of a particular existing regulation by an agency.2. Does not have the force of law.3. Policy based. When the Circuit Courts are divided, such as […]
Green claim v. puffery What is puffery? It is an exaggerated or opinion-based statement. Puffery is not meant to be a defining factor in a consumer’s purchasing decisions. What is a Green Claim? Environmentally friendly claim, such as “reef friendly,” “renewable,” “carbon offset,” etc, In the “reef friendly” case, the supermarket argued that the”reef friendly” claim was […]
Are you ready for Q2? This is your friendly reminder to have your website reviewed for legal compliance at least every quarter. The law changes often and websites must keep up with legal changes. Websites must be legally compliant with Ad Law, Marketing Law, Promotions Law, Intellectual Property Law, Privacy Law, and ADA legal online […]
Is a company liable for its “up to” claim? Well, the federal court says that a reasonable customer would recognize that the use of “up to” should not be taken as a guarantee. The court used the ‘ceiling’ test as a way to explain that the claim of making up to 210 cups was simply […]
Legal issues with using photos Using photos for marketing, especially online, can be tricky! Here are some tips… DON’T download from internet as you could be infringing owner’s copyright. Lots of litigation in this field. READ the platforms Terms and Conditions regarding using photos and/or licensing. Every platform has rules on how to use photos and […]
How to Protect Your Business from Your WEBSITE© By E. Audrey Glover-Dichter As professionals, we have strict rules regarding advertising. For attorneys, such rules depend on the state(s) in which you are licensed. The bottom line, all states require specific language to be used on marketing assets, particularly on websites. Just because you may be […]
Thank you for voting yesterday. $2.7 trillion represents the Hispanic/Latin spending power in the USA, which is 8th largest GDP in the world. If you want to grow your business, advertising in Spanish to reach such powerful consumers is crucial, yes, even if they are fluent in English! So, the answer is…All of the above, […]
Utilización de campañas de marketing extranjeras en EE.UU. Last week, 47% of you voted that it depends, and you are right. On what does it depend? Well, a lot, but mostly the following… 1. Is it legally compliant with Advertising, Marketing and Promotions Law in the USA? 2. Is it legally compliant with Intellectual Property […]
