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Two recent closing letters from the Federal Trade Commission highlight the fact that marketers sometimes have to apply different legal standards when determining whether they can promote their product as [...]

November 4, 2022 marked the deadline for compliance with amended Rule 206(4)-1 ( e 'Marketing Rule')1 under the ve me Adv er Ac of 1940 ( e 'Advisers Act'), mpo [...]

During the Medicare Advantage (MA) annual enrollment period, health care providers may be looking to inform their patients of their MA options. Below are five considerations to keep in mind [...]

Apparently so. In what may have been an issue of first impression in the self-regulatory forum, NAD examined the claims in a sales presentation brochure that the advertiser argued should [...]

Standard International Management v EUIPO - Asia Standard Management Services (The Standard) T-768/20 Introduction In a rare case of the General Court going against the Board of Appeal's decision, a [...]

In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in [...]

Cambodia's new Sub-Decree on the Management of Commercial Advertising of Products and Services, issued November 4, 2022, is a notable step in ensuring that advertisers comply with advertising regulations, advertise [...]

Facebook has updated and is now enforcing their gambling and gaming service marketing policy. In order to feature ads that promote online gambling and gaming, advertisers now need to request [...]

I was heartened by the recent news that Adidas are dropping their association with Kanye West, following his remarks about Jews, which were somewhere between deeply offensive and bat**** crazy. [...]

ANALYSIS OF THE 2022 MIDTERM ELECTIONS The results of Tuesday's election seem poised to result in a change in leadership in at least one chamber of Congress. To help you [...]

By no later than November 4, 2022, all investment advisers that are registered or required to be registered with the US Securities and Exchange Commission are required to be in [...]

In 2019, the CMA carried out an investigation due to concerns that social media influencers were infringing consumer law (the Consumer Protection from Unfair Trading Regulations) by posting hidden advertising [...]

In May, we discussed the final rule on Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs (the 'Final Rule') issued by [...]

Investment advisers registered with the Securities and Exchange Commission (SEC) must comply with the SEC's amended marketing rule (Marketing Rule) by Nov. 4, 2022. The Marketing Rule governs investment adviser [...]

U.S.: States Investigate Banks for ESG Practices On October 19, 2022, attorneys-general from 19 U.S. states launched civil investigations into whether the ESG practices of some of the nation's largest [...]

Chinese society pays increasing attention to food safety. Recently, a 'double standards' scandal erupted when it was publicized that food company Haitian's soy sauce sold overseas had fewer additives and [...]

Earlier this year, the Bulgarian Supreme Administrative Court (the 'SAC') had the chance to evaluate the misleading potential of an advertisement of a Bulgarian cryptocurrencies exchange platform that was based [...]

The decision of many news online editors to prevent access to their websites without subscribing or accepting cookies for advertising purposes is causing discussion and has once again brought to [...]

Welcome to the October 2022 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses. As usual, for each [...]

As we recently blogged here, the FTC's review of the COPPA rule has been pending for over three years, prompting one group of Senators, in early October, to ask the [...]

The Covid-19 lockdowns resulted in the rapid growth of the e-commerce industry. Using the internet to promote your business or selling things online may now be the norm. However, online [...]

The Ministry of Information and Broadcasting, Government of India ('MIB'), on December 4, 2020, had issued an advisory addressed to private satellite television channels to adhere to the guidelines on [...]

The US Court of Appeals for the Sixth Circuit reversed a district court's summary judgment of noninfringement in a copyright dispute, finding that the transfer of ownership prior to the [...]

In many Arab countries, including Jordan, special legislative and regulatory instruments are in place to provide certain protections for local commercial agents and distributors. The relevant laws regularly vest the [...]

This week, the Advertising Standards Authority (ASA) upheld a particularly interesting complaint relating to something many (mostly men, ourselves included) try to hold onto for dear life... our hair. The [...]

In the first part of the article1 on the recommendations of the President of the Office of Competition and Consumer Protection ('President of the OCCP') on the labeling of advertising [...]

The substantive provisions of the new Marketing Rule come into effect for all private fund managers, fund sponsors and other investment advisers registered with the U.S. Securities and Exchange Commission [...]

Carly Duckett, Solicitor in our commercial disputes team, discusses the recent responses issued by UK competition and advertising regulators regarding the importance of compliance with regulations by influencers and the [...]

We like to report on rulings of the South African Advertising Regulatory Board ('ARB') that are IP-related. Clause 8 of section II of the ARB's Code of Advertising Practice deals [...]

On November 4, 2022 - exactly three years after amended Rule 206(4)-1 (the Marketing Rule) was first issued in proposed form1 - compliance with the new rule becomes mandatory for [...]

European data authorities are increasingly united in policing data and privacy violations It began, innocently enough, with an update to TikTok's privacy policy. Via upbeat messaging, users learned that they [...]

A bigger question may be: how do companies prominently disclose ad content in a limitless space? The metaverse virtual world is a shiny new sandbox for brands to play in. [...]

The ICO has fined Halfords £30,000 for sending unsolicited marketing emails about a bike repair scheme without consent, contrary to UK e-privacy law. It is the latest fine where the [...]

The new Act 1.529 of 29 July 2022, resulting from Bill 1.049 and published on 12 August 2022, containing various economic and legal provisions, amends the provisions relating to solicited [...]

Welcome to the September 2022 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses. As usual, for each [...]

During the National Advertising Division's annual conference this week in Washington, DC, Samuel Levine, Director of the Federal Trade Commission's Bureau of Consumer Protection, delivered an update on the agency's [...]

If you are a social influencer, or you are a company that engages social influencers for online advertising and marketing, here's what you need to know about the Federal Trade [...]

On September 19, 2022, the Division of Examinations ('EXAMS') of the Securities and Exchange Commission (the 'SEC') published a risk alert (the 'Risk Alert') previewing EXAMS' anticipated review areas in [...]

Oh, to have been a fly on the wall when someone had to tell Gordon Ramsay that the ad for his branded gin had been banned by the Advertising Standards [...]

Surrogate advertising has become fairly common in light of the ban on advertising certain products. Regulators and ASCI have taken steps to prevent this practice - most recently through the [...]

If a review site ranks your product as the top in a category, can you advertise that you're 'number 1' in that category? The answer may not be as simple [...]

The Advertisement Board rendered an important decision regarding comparative advertising practice on August 9, 2022. The decision pertains to the advertisement published in the catalogue offered to consumers monthly by [...]

Last week, the Federal Trade Commission released a staff report, Bringing Dark Patterns to Light, which highlights the FTC's concern about markers' increasing use of so-called 'dark patterns' to manipulate [...]

Last week, the Federal Trade Commission released a staff report, Bringing Dark Patterns to Light, which highlights the FTC's concern about markers' increasing use of so-called 'dark patterns' to manipulate [...]

The Federal Trade Commission's Enforcement Policy Statement on U.S. Origin Claims says that, in order for an advertiser to make an unqualified 'made in U.S.A.' claim about a product, the [...]

The Federal Trade Commission's Enforcement Policy Statement on U.S. Origin Claims says that, in order for an advertiser to make an unqualified 'made in U.S.A.' claim about a product, the [...]

RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES We read the news, cut through the noise and provide you the notes. Welcome to Compliance Notes from Nossaman's Government Relations & Regulation [...]

Running a promotional sweepstakes is an innovative and creative way to attract and retain new customers. However, promoters and administrators must be sure to follow state and federal regulations when [...]

A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line. The advert, which has already [...]

In his 1992 sci-fi thriller Snow Crash, author Neal Stephenson allowed his characters to escape from a dystopian Los Angeles into a completely virtual realm he called the metaverse. Thirty [...]