April 1, 2016

Coffee with advertising lawyers, tips for clearing IP rights, and more in this edition of Advertising Law News & Analysis

4 min


Have Coffee with a Commissioner

In the inaugural episode of Venable's new video series, Coffee with Advertising Lawyers, Venable partner Amy Ralph Mudge sits down with FTC Commissioner Julie Brill to talk about the Commission's recent guidance on native advertising.

So pull up a chair, grab a cup of coffee, and watch the video.

Practical Tips for Clearing IP Rights in Advertisements

You likely know that you must license that iconic power ballad you want to include in your TV commercial before using it. But music is just the tip of the IP rights iceberg that you must navigate around before launching your campaign. When launching any type of marketing, writes Venable attorney Linda J. Zirkelbach in a recent post to Venable's advertising law blog, advertisers should be on the lookout for potential intellectual property (IP) claims, in addition to potential exposure based on advertising-related laws.

Read the full post for Zirkelbach's list of some practical tips to avoid IP rights clearance problems.

California Proposes Emergency Regulation for BPA Point-of-Sale Warning

Marketers whose plastic packaging contains bisphenol A (BPA) are likely already aware that the chemical has been added to California's Proposition 65 (Prop 65) list of chemicals known to cause cancer and reproductive toxicity, write Venable attorneys Michelle C. Jackson and Jonathan A. Havens in a recent post to Venable's advertising law blog.

As soon as May 11, 2016, food and beverage packaging that contains the chemical will be required to bear a warning label. Earlier this month, California proposed a regulation that would post a warning at the point of sale alerting consumers that they could be exposed to BPA by consuming canned and bottled foods and beverages. The measure is designed to address concern that store owners would pull canned and bottled food items from store shelves after May 11 to avoid potential enforcement actions.

On the same day the state issued the emergency regulation, it also issued a notice of proposed rulemaking on the Maximum Allowable Dose Level (MADL) for BPA. Interested parties have until May 16 to comment on that proposed rulemaking.

Read the full blog post to learn more about the proposed emergency regulation and proposed MADL.

Read the proposal to promulgate the emergency regulation.

Read the notice of proposed MADL rulemaking.

Here's Why You Should Put the "Ad" in "Advocacy"

Sometimes it seems that regulators enjoy overseeing marketers almost as much as consumers enjoy buying products. In the March/April edition of Electronic Retailer Magazine, Venable partner Amy Ralph Mudge and other leading lawyers discuss regulatory trends in 2015, what's coming over the horizon in 2016, and why direct-response marketers must engage in political advocacy for the industry's interests.

Read the article to learn why the DR industry must share its story with lawmakers and legislators.

Upcoming Events:

The International Association of Privacy Professionals (IAPP) Global Privacy Summit 2016

April 5-6 | Washington, D.C.

IAPP's annual Global Privacy Summit brings together the privacy world's most influential thought leaders to exchange ideas, discuss privacy policy, and assess the ever-changing privacy and information security regulatory and legislative landscape. IAPP's Global Summit is the privacy gathering of the year with 3,000+ attendees and an array of networking and learning opportunities. You won't want to miss out! 

The International Association of Privacy Professionals is the largest policy neutral global information community and resource for privacy professionals.

ANA Advertising Law and Public Policy Conference

April 5-7 | Chicago, IL

Venable Partner Amy Ralph Mudge will be discussing Native Advertising on a panel titled "That's Entertainment! Advertisers as Content Producers and Social Engagers" on Thursday, April 7 at the ANA Advertising Law and Public Policy Conference in Chicago. Venable Partner Stuart P. Ingis will also lead a panel on "The Rise of Ad Blocking: Strategies for the Industry" later that day. We invite you to join us on Wednesday, April 6 at 5:30 p.m. for a Networking Reception immediately following the general session.

Find more information and the conference agenda here.

ABA Antitrust Spring Meeting Reception

April 7 | Washington, DC

You're invited to join Venable for a cocktail reception during the ABA Antitrust Section Spring Meeting at the JW Marriot Hotel on Thursday, April 7 from 6:00 p.m. to 7:30 p.m.