Learning from self-regulatory programs, revisiting telemarketing record retention rules, and more in this edition of Advertising Law News & Analysis

5 min


You Can Learn a Lot from a Self-Regulatory Program

The Children's Food and Beverage Advertising Initiative (CFBAI) is a self-regulatory program designed to shift the types of foods advertised to children under 12 to encourage healthier dietary choices. In the latest edition of Coffee with Advertising Lawyers, Venable partner Amy Ralph Mudge discusses the program with the outgoing CFBAI director Elaine Kolish, where the program will focus in the near future, and the value of industry self-regulation programs.

Watch the conversation:

Coffee Talk with Elaine Kolish

Revisiting Telemarketing Record Retention Requirements

The Federal Trade Commission (FTC) is seeking comment on the disclosure, recordkeeping, and reporting requirements of its Telemarketing Sales Rule (TSR), write Venable attorneys Jonathan L. Pompan and Alexandra Megaris, and law clerk Michael S. Isselin in a recent post to the firm's advertising law blog. The FTC is seeking public comments on four distinct issues related to the TSR's recordkeeping and reporting requirements.

This request for comments was triggered by a separate law, the Paperwork Reduction Act, which requires federal agencies to obtain approval from the Office of Management and Budget (OMB) to require members of the public, such as telemarketers, to keep records or submit reports. The FTC is seeking a three-year extension of its current approval from the OMB.

Although the authors expect OMB to grant the extension, the FTC must first make its case for why those burdens are reasonable and justified. Companies affected by the burden now have the opportunity to weigh in and potentially shape the exact scope and nature of these burdensome compliance obligations. Comments must be submitted by June 30, 2016.

Read the full blog post to learn more about the FTC's request for comments on the TSR.

Read the full text of the FTC's request for comments.

NY AG Deals More Than Walgreens Bargained For

In the increasingly cluttered retail environment, retailers must market aggressively to cut through the noise. However, write Venable attorneys Amy Ralph Mudge, Randal M. Shaheen, and Christopher L. Boone in a recent post to the firm's advertising law blog, being too aggressive can push a claim from enticing to outright deceptive.

That is exactly what the Office of the New York Attorney General alleges happened in its $500,000 settlement with Walgreens last week over allegedly false pricing information in its Walgreens and Duane Reade stores located in the state.

Read the full blog post to learn what pricing and advertising practices ended up costing the retailer a pretty penny.

Read the text of Walgreen's NY AG settlement here.

Upcoming Events:

Children's Advertising Review Unit (CARU) West Coast Conference

May 11 | Marina del Rey, CA

CARU's annual conference is unique, bringing together legal experts and major children's advertisers to examine trends and issues facing companies that market to children. As methods of children's advertising become more complex, advertisers must be aware of evolving obligations. Panelists will provide insight and advice on what companies need to know and do in order to avoid legal missteps when it comes to online privacy, mobile and smart technology, connected toys, data security, native advertising and endorsements.

Click here to learn more about CARU and to register for the event.

IBA Accountability Program West Coast Conference

May 12 | Marina del Rey, CA

As the Accountability Program celebrates its fifth anniversary, it is premiering its annual compliance conference at The Ritz-Carlton Hotel in beautiful Marina del Rey, Los Angeles, CA. This half-day conference is a deep dive into interest-based advertising and how self-regulation is protecting consumer privacy through transparency and choice. The first panel will cover the nuts and bolts of compliance with the Digital Advertising Alliance Self-Regulatory Principles as reflected in the Accountability Program's cases and compliance warnings. The second panel provides a guide to the "tech" in ad tech, explaining the digital supply chain, programmatic bidding, cross-device tracking and more. The final panel goes beyond cookies to compliance solutions for mobile apps, probabilistic IDs, native ads and cross-device tracking.

Click here to learn more and to register for the event.

NYC Bar: Sweepstakes, Promotions & Marketing Laws: Comprehension and Compliance in a Digital/Mobile Environment

May 13 | New York, NY

More and more companies are using promotional tools, including sweepstakes, skill contests, and various promotions, as a part of their marketing strategy. Experts in the field will address the critical issues that arise when businesses offer games and other promotions relevant to today's marketplace. Join Venable's Melissa Steinman at the NYC Bar event, where she will discuss the challenges of digital marketing law, how to navigate loyalty programs, and gift cards during a CLE session.

Click here to learn more about the NYC Bar event and to register for the event.

To receive a 15% registration discount, call (212) 382-6663 and mention that you were referred by a faculty member.

2016 National Animal Supplement Council (NASC) Annual Conference

May 17-20, 2016 | Horse Shoe Bay, TX

Venable will be participating in this year's National Animal Supplement Council (NASC) Annual Conference, which brings together concerned and committed manufacturers of animal health supplements from across the globe to improve the quality of these products sold to consumers for the benefit of their horses, cats, dogs and other companion animals. Todd Harrison will speak on a panel discussing "The Importance of Your Company's Supplier Verification Program - Supply Chain Panel" on Wednesday, May 18, 4:00 pm - 4:30 pm.

Click here to learn more and register.

Facebook, Twitter, Pinterest & More: Legal Dangers of Online Contests

May 25 | Webinar

As federal and state regulations increase and social media continues to evolve, ensure you are properly prepared to advise clients as they navigate the online space. Join Venable's Melissa Steinman for a live 90-minute webinar to learn more about social media sweepstakes, how to avoid major COPPA pitfalls when marketing to children, and more.

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