Category Archives: advertising

Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

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Venable on notable NAD product name ruling

Posted on July 6, 2015 by rtushnet

Amy Mudge and Randall Shaheen explain the NAD’s take on product names: if you put two terms together, as in “Nourishing Coconut Shampoo,” the ingredient has to provide the benefit.  If not, it has to be called “Nourishing Shampoo with … Continue reading →

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UK ad regulator disapproves of negative puffery

Posted on July 1, 2015 by rtushnet

One big difference between the US and the EU in comparative advertising is that what we would consider negative puffery, like “overpriced,” the EU bans as not sufficiently objective.  In this ASA adjudication, the advertiser both ran a review site … Continue reading →

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Reading list: advertising atypical results

Posted on June 22, 2015 by rtushnet

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading →

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UK ASA thinks "sponsored by" isn’t sufficient disclosure for pure ad

Posted on May 27, 2015 by rtushnet

ASA Adjudication on Procter & Gamble (Health & Beauty Care) Ltd   A video entitled “Easy Lip Makeup Tutorials for Winter Time” viewed on the “Beauty Recommended” You Tube channel [owned and run by P&G], featured a model vlogger. It … Continue reading →

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District court largely upholds mandatory GE disclosures

Posted on May 4, 2015 by rtushnet

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015)   Relax, we’ll be here for a while.   Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed … Continue reading →

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ANA conference: native advertising

Posted on April 3, 2015 by rtushnet

The Natives Are Restless: Legal Perspectives On Native Advertising   John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source.  Native ads = sponsored content formatted to fit seamlessly into modern media. … Continue reading →

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ANA conference: Miss. AG Jim Hood

Posted on April 1, 2015 by rtushnet

Keynote Address, Jim Hood, Attorney General, State of Mississippi, President, National Association of Attorneys General (NAAG)   Law enforcement has to be moving to the internet, where crime is going. Worked with ISPs on child porn/hash screening. We do hacking, … Continue reading →

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ANA conference: keynotes

Posted on April 1, 2015 by rtushnet

2015 ANA Conference Keynote Address: Michael O’Rielly, Commissioner, FCC Missed most of this due to transit, but he thanked advertisers for defending their interests before the FCC and said they should be involved before an issue reaches his desk.  Not … Continue reading →

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UK ad regulator finds Israel falsely advertised

Posted on March 4, 2015 by rtushnet

By implying that the Old City of Jerusalem was recognized as being in Israel, rather than in occupied Palestinian territories.  File under: having the First Amendment makes the US very different. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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