Advertising Law News & Analysis - October 1, 2015

4 min


Get Twice as Much Venable Insight at ERA D2C

We hope we will see you at next week's ERA D2C conference in Las Vegas. The association has added a special Thursday morning breakfast roundtable, where Venable partners Jeffrey D. Knowles, Leonard L. Gordon, and Amy Ralph Mudge will provide a fast-paced 360-degree survey of the regulatory and litigation threats facing direct-response marketers. There will be plenty of Q&A time, so come pick our brains over coffee and a pastry. Or come visit us in booth #815.


Swiper No Swiping

Today marks the EMV "liability shift" for merchants accepting card-present transactions in the United States. EMV, which stands for "Europay, MasterCard, and Visa," is a technology designed to combat card counterfeiting and other forms of payment fraud. For consumers, the most notable changes have been new credit card terminals at larger merchants and a steady stream of replacement credit and debit cards featuring a shiny silver chip. For merchants, the changes are much more noticeable. After October 1, liability for certain types of fraud will shift from the card issuer to the merchants if the fraud is the result of a transaction processed using the data on a card's magnetic stripe instead of via the EMV chip.

The American Bankers Association has released an infographic to help explain what EMV cards are, how they secure transactions, and how to use them in new payment terminals.


Missed the NAD Conference? You Can Crib our Notes

If you missed this week's National Advertising Division (NAD) annual conference, you missed one of the year's most comprehensive discussions of advertising compliance. Don't worry, though – the Venable attorneys in attendance took notes and covered the conference in a series of posts to the firm's advertising law blog,

Read Shahin O. Rothermel's coverage of the panel on native advertising, editorial integrity, and brand reputation.

Read Christopher S. Crook's coverage of the claim substantiation panel and the best-ever panel on puffery.

Read coverage of FTC Commissioner Julie Brill's NAD Keynote Speech by Amy Ralph Mudge, Randal M. Shaheen, and Alexandra Megaris.

Marketing to Kids Is Serious Business

As a marketer, you likely have a good handle on the rules for consumer product advertising. However, writes Venable partner Gregory J. Sater in a recent post to the Electronic Retailing Association's Blog, if your advertising is targeted at children, particularly children under the age of 12, it is just as important that you understand the guidelines laid out by the Children's Advertising Review Unit, or CARU. The guidelines and self-regulatory mechanism are intended to ensure advertisements do not take advantage of children's limited knowledge and experience to drive sales.

Upcoming Events:


October 6-8 | Las Vegas, NV

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. On Thursday morning, join Venable's Jeffrey D. Knowles, Leonard L. Gordon, and Amy Ralph Mudge for a roundtable breakfast discussion of the regulatory and legal risks facing direct-response marketers today. Be sure to swing by Venable's booth, #815, to meet our team.

SupplySide West

October 7-8 | Las Vegas, NV

Venable will partner with KGK Synergize as co-sponsors at this year's SupplySide West. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable's Andrew Pratt and Justin Pierce will host a VendorBrief on "Brand Integrity for Food & Ingredient Suppliers: Best Practices in Enforcement & Licensing." Be sure to visit us at booth #1845 for more information and to meet our team.

ETA Strategic Leadership Forum

October 13-15 | Scottsdale, AZ

The Electronic Transactions Association will hold its annual Strategic Leadership Forum, which attracts the latest innovators and executives in the payments industry. Leaders at the nexus of technology, mobile, and e-commerce will convene in Scottsdale, AZ this month to share smart techniques and explore the next generation of innovative ideas.