President signs DTSA, federal trade secret protection on the way and more in this edition of Advertising Law News & Analysis

6 min


President Signs DTSA, Federal Trade Secret Protection on the Way

As was widely expected, President Obama signed the Defense of Trade Secrets Act of 2016 (DTSA) into law this week. In a recent post to the firm's Trade Secrets and Transitions Blog, Venable attorneys Richard J. Frey, Thomas E. Wallerstein, and Melissa C. McLaughlin discuss the changes DTSA brings to the trade secret enforcement landscape, including the creation of a civil cause of action for misappropriation of trade secrets, as well as the ability to seize trade secret material from a defendant without notice.

Will FDA Rule Send "New" Tobacco Products Up In Smoke?

More than two years after proposing a regulation to deem e-cigarettes and vapor products to be subject to the Family Smoking Prevention and Tobacco Control Act, the U.S. Food and Drug Administration (FDA) issued its final Deeming Rule. Beyond the expected vapor products, write Venable attorneys Todd A. Harrison, Ralph S. Tyler, John G. Moore, Jonathan A. Havens, and Matthew S. Poliner, the Rule also subjects to FDA's jurisdiction cigars, hookah tobacco, and pipe tobacco, among others.

Under the final Rule, manufacturers of these "newly deemed products" that are "new tobacco products," as defined in section 910(a)(1) of the Federal Food, Drug, and Cosmetic Act, will be required to obtain premarket authorization of their products through one of three pathways: substantial equivalence (SE); exemption from SE; or premarket tobacco product applications (PMTA). Given that most vapor products came on the market well after the February 15, 2007 grandfather date, the Deeming Rule essentially requires virtually all of these products to go through PMTA review, the FDA's most stringent premarket pathway.

Read the full client alert to learn more about the Deeming Rule and what it means for marketers of "newly deemed products."

Don't Let Claims Get Lost in Translation

More than 55 million Americans speak a language other than English at home, and in 2014 Hispanics accounted for 17% of the nation's population and more than $1.4 trillion in buying power. Given these staggering numbers, it's no wonder that marketers attempt to drive sales by advertising in Spanish and other languages, write Venable attorneys Amy Ralph Mudge and Laura Arredondo-Santisteban in a recent post to the firm's advertising law blog.

However, they warn, the path to successful multilingual advertising requires much more than a literally translated voiceover.

Watch Arredondo-Santisteban's session about advertising translation at Venable's recent Advertising Law Symposium.

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Read the full blog post to learn what marketers need to remember to succeed when translating advertising messages to other languages.

Lee Peeler Helps Read the NAD Tea Leaves

In the latest edition of Venable's Coffee with Advertising Lawyers, Venable's Amy Ralph Mudge sits down with Lee Peeler, the President of the Council of Better Business Bureaus' Advertising Self-Regulatory Council. Lee and Amy discuss the value of industry self regulation, as well as the recent changes to procedures at the National Advertising Division (NAD), a key private advertising litigation venue for national advertisers.

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NAD Sends Soup Marketer to Bed without Dinner over "Local" Claims

As the "localvore" movement continues to gain steam, it is no surprise that a large food marketer would try to cash in on the "eat local" craze. However, write Venable partners Amy Ralph Mudge and Randal M. Shaheen in a post to the firm's advertising law blog, a recent NAD decision demonstrates that claims of local sourcing require more than listing an idyllic location as the brand's "home" and slapping an image of a tractor on the product's label.

Read the full blog post to learn more about the case and NAD's reasoning.

Read NAD's press release about the decision.

Upcoming Events:

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 Landau 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 A. 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 to register.

ERA Government Affairs Fly-In

May 24-25 | Washington, DC

The annual ERA Government Affairs Fly-In is an opportunity to establish or maintain your presence as an industry leader, while networking with other Direct Response industry leaders. During the two day session, Direct Response industry leaders will gather in Washington to learn about the current political landscape and what to expect in the year ahead. Join Venable's Jeffrey D. Knowles, Ellen T. Berge, Amy Ralph Mudge, and Greg Sater as they discuss lead generation, payment processing, and the future of the direct response industry.

Click here to learn more and to 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 Landau 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.

Internet Retailer Conference and Exhibition

June 7-10 | Chicago, IL

E-Commerce is evolving faster than ever. Internet Retailer Conference & Exhibition (IRCE) provides you with a conference full of industry experts and unrivaled agenda content, an exhibit hall filled with the latest and greatest solution providers, and a community made for networking with thousands of like-minded industry peers. Be sure to visit Venable in booth 129 in the exhibit hall.

Click here to schedule a meeting with Venable during IRCE.

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