February 2, 2017

Chairman Olhausen's new consumer protection agenda, big changes to the federal regulatory process, and more in this issue of Advertising Law News & Analysis

4 min

Your Digital Media Link

In connection with this week’s Digital Entertainment World (DEW) expo in Los Angeles, Venable published a new issue of its Digital Media Link newsletter. The issue contains articles on trademarking hashtags, the legal perils of geolocation, and IP strategies for the virtual reality industry.

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Chairman Ohlhausen Announces Consumer Protection Agenda

Acting Federal Trade Commission (FTC) Chairman Maureen Ohlhausen made her first keynote address in her newly elevated role on February 2, write Venable partners Amy Mudge and Randy Shaheen in a recent blog post. During her speech at the American Bar Association Antitrust Section's bi-annual consumer protection conference, Chairman Ohlhausen outlined three consumer protection priorities for her tenure, and they are likely music to marketers' ears.

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Trump Exec Order Brings Significant Changes to Federal Regulatory Process

On January 30, President Donald J. Trump issued an Executive Order titled "Reducing Regulation and Controlling Regulatory Costs." If properly implemented, it may herald the most significant changes in the federal regulatory process since 1981, write Venable attorneys John Cooney and Jordan Bailey in a recent client alert. If the Order is developed and implemented carefully, it could represent the first step in a significant modification of the federal regulatory process to focus on its total costs to the economy, to complement the current emphasis on the net benefits of individual rules after subtracting their costs.

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Telemarketers: Can You Hear Me Now, FTC?

In a decision that could have dire consequences for the telemarketing industry, the FTC announced last November that it would reverse a long-standing policy and expand the Telemarketing Sales Rule’s (TSR) prerecorded message restrictions to outbound calls that utilize soundboard technology, write Venable attorneys Eric Berman, Dan Blynn, and Steve Freeland in a recent blog post. On January 23, the Soundboard Association fired back, filing a complaint against the FTC in the U.S. District Court for the District of Columbia, alleging that the new policy was not vetted by public stakeholders during a notice and comment period and asking the court to issue an injunction blocking the Commission.

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Who Says Cease and Desist Letters Have to Be Dull?

Eventually everyone in advertising law sends or receives a demand letter challenging the basis for an advertising claim. Usually, these are dull form letters, writes Venable attorney Chris Crook in a recent blog post. However, every now and then these letters show a spark of genius. Take, for example, a recent letter from the GC of Harry’s to a competitor suggesting that the advertisement in question contained a typo, and providing an edit that would fix the error.

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What's in Your Tool Kit?

If an ad contains claims about a product or service that can be measured or otherwise proved true or false, marketers must ensure there is a "reasonable basis" for those claims. Venable's Gary Hailey shares a quick advertising substantiation checklist in the firm's Advertising Law Tool Kit.

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ICPHSO 2017 Annual Meeting and Training Symposium

February 20-23, 2017 | Orlando, FL

The International Consumer Product Health and Safety Organization's 2017 Annual Meeting & Training Symposium is being held February 20-23, 2017 in Orlando, FL. ICPHSO is proud to be the only organization that attracts a global audience of health and safety professionals who meet to exchange ideas and share information to address health and safety concerns.

Electronic Retailing Association's Great Ideas Summit 2017

February 27 - March 1 | San Juan, Puerto Rico

Join Venable at The Great Ideas Summit, an annual conference that brings together the direct response industry's most influential leaders to hold high-powered meetings, close global deals, and develop new digital marketing strategies.

Grocery Manufacturers Association Legal Conference

February 27-28, 2017 | San Diego, CA

The GMA Legal Conference is the preeminent gathering for legal professionals in the food, beverage, and consumer products industry. Top in-house counsel, defense attorneys, and regulatory experts will cover a wide array of important and timely legal issues, with an emphasis on protecting your brands from litigation risks and complying with government regulations. Be sure to join Venable at the kick-off luncheon on Monday, February 27, followed by a class action litigation panel moderated by Venable partner Angel Garganta.

We'll also host a roundtable discussion on marketing and advertising law, featuring Venable partners Randy Miller and Randy Shaheen.