Advertising Law News & Analysis - August 13, 2015

4 min


Kardashian Post Makes FDA Sick

Kim Kardashian's recent Instagram post about her favorite morning sickness drug generated a lot of attention for the pharmaceutical company that sponsored the post, writes Venable attorney Ralph S. Tyler in a recent post to Venable's advertising law blog – just not the kind the company intended.

On August 7, the Food and Drug Administration (FDA) issued a warning letter to the manufacturer of the drug claiming the post is false and misleading because it omitted risk information about the drug, as well as its approved indications for use. The letter, Tyler writes, is a timely reminder that the FDA, Federal Trade Commission (FTC), and other regulators have established disclosure requirements for sponsored social media posts, and that those legal requirements often do not conform with social media's norms.

Read Tyler's blog post to learn how to avoid social media endorsement heartburn.

Curious about the FTC's and FDA's social media disclosure requirements? Read here and here to learn what you need to know.

Read the FDA's warning letter here.

Don't Price Yourself Out of Business

Consumers love saving money, and marketers love how discounts drive sales. However, sometimes a good deal can seem – and be – too good to be true, write Venable partners Jeffrey D. Knowles and Amy Ralph Mudge in the August edition of the DRMA Voice. When that happens, no one gets a bargain.

In today's regulatory and litigation environment, the cost to marketers of unsubstantiated claims can easily end up being far greater than the sales lift the claims create.

Read the DRMA Voice column by Knowles and Mudge to learn how to avoid pricing pitfalls.

New Jersey Assembly Passes Bill Restricting Use of IDs by Retailers

On June 25, the New Jersey Assembly passed A.3946, the Personal Information and Privacy Protection Act, which aims to restrict the purposes for which a retailer may scan a customer's identification card. In the July edition of The Download, members of Venable's Privacy and Data Security practice detail the requirements of the bill and its restrictions on retailers' use of consumers' identification cards.

Read the July edition of The Download to learn how New Jersey retail establishments must now handle consumer's identification cards.

Read the text of A.3946 here.

Upcoming Events:

Legal Issues of Running Social Media and Mobile Sweepstakes and Contests – a Lorman Webinar

August 19

Join the upcoming webinar to stay up to date on the ever-evolving laws and regulations governing prize promotions. Venable attorney Melissa Landau Steinman will discuss the legal issues of running various social media channels, mobile sweepstakes, contests, and promotions.

Click here to learn more about the Lorman webinar and to register to attend.

LeadsCon New York

August 25-26 | New York, NY

LeadsCon New York 2015 brings together leaders and innovators from must-know companies for two days of actionable content and high-level networking. Venable's Jonathan L. Pompan will be speaking on "Navigating a Path to Self-Regulation: Strategies to Bring to Lead Generation."

Click here to learn more about LeadsCon and to register to attend.


September 28-30 | New York, NY

Legal trends, FTC enforcement priorities, and breaking developments in the advertising law industry will be topics of discussion at this year's annual National Advertising Division (NAD) and Children's Advertising Review Unit (CARU) conferences. Learn how to enhance your use of the advertising industry's self-regulatory forum and hear from Venable's Melissa Landau Steinman, who will be speaking at CARU on "The Business Behind In-App Purchases, Push Notifications and Interest-Based Advertising."

Click here to learn more about NAD/CARU and to register to attend.


October 6-8 | Wynn Las Vegas Hotel

ERA is celebrating 25 years of bringing together the top direct-response marketers and innovators in the industry. Venable's Po Yi will be featured on the panel "Using Digital to Make the Cash Register Ring" to discuss best practices for brand marketers who use mobile and digital media to market to consumers. Be sure to swing by Venable's booth, #815, to meet our team.

Click here to learn more about ERA D2C and to register to attend.