Category Archives: disclosures

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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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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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 →

Posted in advertising, commercial speech, conferences, disclosures, first amendment, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

court refuses to enjoin consumer protection law on First Amendment grounds

Posted on March 23, 2015 by rtushnet

Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015)   A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law.   … Continue reading →

Posted in california, consumer protection, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Q of the day: is this enough disclosure?

Posted on January 20, 2015 by rtushnet

Steve Clowney argues that Prawsfblawg’s disclosures of West-sponsored content aren’t enough, given how much a sponsored post looks like a regular post.  How would you advise a client to comply with the FTC’s guidance here?  Would the purported sophistication of … Continue reading →

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Pinterest, sponsorship, and copyright

Posted on January 20, 2015 by rtushnet

Fascinating story on top pinners on Pinterest, which suggests that Pinterest’s policies deter people from disclosing sponsorships (which the FTC wants them to do; could it go after Pinterest for deterring users’ compliance?), and also contains the interesting note that … Continue reading →

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Reading list: facts versus opinions in mandatory disclosure

Posted on December 11, 2014 by rtushnet

Daniel E. Herz-Roiphe, Stubborn Things: An Empirical Approach to Facts, Opinions, and the First Amendment From the intro: [This] essay reports the results of an original survey that presented respondents with the actual disclosures at issue in a number of … Continue reading →

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Reading list: irrationally sticky defaults

Posted on November 4, 2014 by rtushnet

Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default options influence consumer choices, … Continue reading →

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