Disclaimers 

Thank you to everyone who voted and commented on yesterday’s poll.  Disclaimers are legally required in certain instances to inform consumers of certain limitations of the product or service.  Example: “This product is not intended to diagnose, treat, cure or prevent any disease.”  Have you seen this language on packaging?  What was the product using […]

Puffery or Claim? 

Thank you for all your votes and comments yesterday!    Recently, the Second Circuit Court agreed with the lower court, which held that “… almost all of (business name’s) statements referenced in the amended complaint constitute puffery.”  Of course, as many of you stated, if such language can be substantiated, then it becomes a claim.  Do […]

$1.2 Million Settlement

Can your business pay the FTC $1.2 million dollars to settle a false and misleading advertising claim? In this particular case, the FTC charged the company for “deceptive ‘Made in USA’ claims to its trade customers for use in marketing the strong, fast-acting glues….” The glue was packaged with labels claiming to be made in […]

Legal compliance for 2021 last part

Websites have become a much needed part of any business’ marketing campaign, especially after COVID.  Websites, for some businesses, are the main source of advertising.  So, it is crucial to update your websites to be legally compliant.  Why? 1. Websites have no geographical limitations.  Hence, if you have a website, you are advertising nationally and […]

Legal Compliance for 2021 Part 3

The second recommendation I made regarding your marketing for 2021, is to budge for advertising in Spanish.  Why? 1. If you have not done so, it is time to try it!  Don’t be afraid to try something new, it may work wonders. 2. As I posted about two weeks ago, the Latin GDP in the […]

Legal compliance for 2021 Part 2

The first recommendation I made yesterday regarding your marketing for 2021, is to budget for legal compliance review.  Why? 1. By FTC law, all marketing campaigns must be legally compliant before launching the campaign publicly. 2. Advertising, Marketing and Promotions Law applies to all businesses regardless of services or products offered, size of the business, […]

What to do to start 2021 legally compliant?

Like many of you, I have a list of things to accomplish by the end of this week, the end of 2020, in order to welcome 2021 focused and organized with goals in place. Of course, having a marketing budget is absolutely crucial.  Here are my recommendations for your marketing plan to consider to minimizing […]

Does CBD actually cure so many different ailments as advertised?

Does CBD actually cure so many different ailments as advertised? Unfortunately, NO. Several companies have falsely advertised that CBD cures or treats the medical illnesses listed below. Some companies have even falsely advertised that CBD prevents or cures COVID-19. The FTC has fined companies making such false claims in their advertising as much as $85,000 […]