Federal GMO labeling bill, endorsement disclosures, and more in this edition of Advertising Law News & Analysis

3 min


Federal GMO Labeling Bill Preempts Vermont and Other Laws

Late last month, President Obama signed into law a measure requiring the U.S. Department of Agriculture (USDA) to establish a national mandatory bioengineered food disclosure standard (GMO labeling standard). The new law also generally preempts non-identical state statutes, including portions of Vermont Act 120, which recently went into effect.

In a recent client alert, Venable attorneys Todd A. Harrison, Claudia A. Lewis, Michelle C. Jackson, Jonathan A. Havens, and Sarah J. Abramson outline the disclosure requirements food, and potentially dietary supplement, marketers will face once USDA formulates its GMO labeling standards.

Read the full client alert to learn what disclosures food marketers would be required to make, and why dietary supplement marketers should monitor the process.

Read the full text of the new law.

Don't Forget to #Disclose Endorsements

It is an absolute necessity that brands disclose the material connection between the endorser and the brand when endorsers (particularly celebrities) have been paid for social media posts, write Venable partners Amy Ralph Mudge and Randal M. Shaheen, and summer associate Kristin Adams,* in a recent post to the firm's advertising law blog.

In fact, this area is so hot that the Federal Trade Commission (FTC) has supplied an unusual level of guidance to brands and endorsers, particularly for shorter-form media such as Twitter.

Read the full blog post to learn more about the FTC's guidance, and potential strategies for appropriate "hashtag" disclosures.

*Kristin Adams is a Summer Associate and is not yet admitted to practice law.

Upcoming Events:

Key Trademark and Copyright Developments around the World: Implications for Nonprofits in China, Europe, Cuba, and Beyond

A Complimentary Nonprofit Luncheon/Program and Webinar

August 17 | Venable LLP Webinar

The operations of so many U.S.-based nonprofits extend far beyond our borders these days, often all around the globe. Among other things, this means that U.S.-based nonprofits' trademarks and copyrights are being used in foreign countries where the systems and methods for protecting and licensing this intellectual property are very different from those in the United States. Join Venable partners Jeffrey S. Tenenbaum, Andrew D. Price, and Justin E. Pierce as they discuss some of the latest developments in trademark and copyright law and procedures around the globe, and their impact on nonprofits. This will be an invaluable program for nonprofit executives and staff who are tasked with creating, marketing, and/or managing brands and original products worldwide.

Click here to register and learn more.

Lead Gen Legal Responsibility and Accountability: A Sit-down

2016 LeadsCon New York Conference

August 23 | The New York Hilton Midtown, New York, NY

Venable partner Jonathan L. Pompan will moderate a panel discussion on "Lead Gen Legal Responsibility and Accountability" at the 2016 LeadsCon New York Conference. The session will focus on reviewing the use of deceptive advertisements to generate leads, deciphering how sensitive consumer data is stored and whom it is shared with, and understanding whether (and the extent to which) publishers and lead aggregators are liable for end users' legal compliance.

Click here to register and learn more.

Electronic Retailing Association's 2016 D2C Convention

September 13-15, 2016 | Wynn Hotel, Las Vegas, NV

Venable is proud to sponsor the 2016 ERA D2C Convention, where innovators, marketers, and manufacturers come together to showcase the latest trends in direct response. Be sure to visit Venable in booth #715, learn more about how to ensure your business succeeds during sessions featuring Venable's Jeffrey D. Knowles and Ellen T. Berge, and mingle with our team at the Pre-Moxie Mixer on Thursday, September 15 from 5:30 pm to 7:00 pm.