Category Archives: advertising

The ASA and ads for offensive products

Posted on December 18, 2013 by rtushnet

The UK’s Advertising Standards Authority would seem to have a particular remit: advertising.  A recent adjudication, however, suggests that the ASA will go beyond that, at least online.  Zazzle Inc, No. A13-247896, involved a complaint that Zazzle’s offering of a … Continue reading →

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Blurred lines, part 3

Posted on December 5, 2013 by rtushnet

Panel 3: The Way Forward on Transparency: A discussion of best practices Moderator: Mary K. Engle, Associate Director, Division of Advertising Practices, FTC Examples of native ads: “sponsored” story, labeled as such in gray at the top of the headline, … Continue reading →

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Blurred lines: really part 2 this time

Posted on December 4, 2013 by rtushnet

Sorry for earlier posting difficulties.  The Lessons of Nauru Bob Garfield, Co-host of On the Media and MediaPost columnist Nauru: was wealthy; phosphate resource from centuries of built up guano was valuable, but only took 50 years to destroy, and … Continue reading →

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Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising

Posted on December 4, 2013 by rtushnet

Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising Welcoming Remarks:  Edith Ramirez, Chairwoman, FTC Advertising integrated into digital content. Recent survey of online publishers: 73% offer native advertising opportunities and 17% considering. 41% of brands and many … Continue reading →

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perils of automated recommendation ads

Posted on December 4, 2013 by rtushnet

A promotional e-mail from Spotify included the text “Have you heard this song by Lily Allen?  Give it a try.  Fuck You.”  The ASA upheld a complaint against the ad. Though consumers were targeted for the ad because of previous genres … Continue reading →

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Misleading health insurance letters?

Posted on November 4, 2013 by rtushnet

Report on letters discouraging consumers from investigating cheaper alternatives and subsidies here at Talking Points Memo.  Exercise for the reader: what’s the potential for Lanham Act and state consumer protection law claims (in states that don’t exclude insurance from the coverage … Continue reading →

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Reading list: empirical study of fertility clinic advertising

Posted on October 28, 2013 by rtushnet

Jim Hawkins, Selling ART: An Empirical Assessment of Advertising on Fertility Clinics’ Websites, 88 Indiana Law Journal 1147 (2013) (SSRN version): Nice study on what claims clinics actually make versus what claims scholars have worried about—answer, some overlap but not … Continue reading →

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When is a sale not a sale?

Posted on October 17, 2013 by rtushnet

When employees are directed to pretend it isn’t unless you’re a preferred customer, Mark Ellwood writes in Slate.  I’m guessing that if a small sign stating “sale” is a legal requirement, the NY AG wouldn’t be happy with the deceptive … Continue reading →

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law barring "surcharge for credit" signs unconstitutional

Posted on October 17, 2013 by rtushnet

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading →

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Samsung made a vid (sort of) as an ad

Posted on October 8, 2013 by rtushnet

The wrist-phone has been long promised, as this Samsung ad indicates.  Vidding is the act or process of creating a fan-oriented video or “fanvid” using live-action TV or movie footage set to music (or other audio).  The Samsung ad even … Continue reading →

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