What to expect from FTC's acting chairman, how self-regulation prevents false claims, and more in this issue of Advertising Law News & Analysis

We’ve Moved (Some of Us, at Least)

Venable recently moved its Washington, DC headquarters to 600 Massachusetts Avenue, NW, located in the heart of the city's burgeoning Penn Quarter/Chinatown neighborhood. The new LEED® Platinum office is home for approximately 400 Venable attorneys and staff. Aside from the change of address, all other contact information for Venable's DC attorneys and staff remains the same.

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What to Expect from the FTC's Acting Chairman

A little over a month ago, President Trump named Maureen Ohlhausen as acting chairman of the Federal Trade Commission (FTC). Ohlhausen is a true FTC veteran, having served as an FTC commissioner, director of the Office of Policy Planning, an attorney advisor, and a member of the general counsel's office. In the February edition of the DRMA Voice, Venable partner Randy Shaheen points out that Ohlhausen has in the past expressed views in several different areas that may signal at least some modest shifts in the FTC's position on certain issues.

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"Advertising Injury" Coverage May Not Cover False Ad Claims

Many businesses acquire commercial liability insurance coverage to protect against "advertising injury" resulting from their marketing practices. But while the term "advertising injury" on its face may sound comprehensive, its definition in the insurance policy may be narrower than you think, write Venable attorneys Randy Miller and Kevin Weigand in a recent blog post. One recent case illustrates why it is critical for advertisers to understand what is – and is not – covered by their insurance policies.

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How Self-Regulation Keeps "Creativity" from Becoming "False Claims"

In a recent Inc. magazine column, Molly Reynolds writes that superlative marketing language can quickly turn into false advertising and create image problems for entire industries. Some industries turn to self-regulation programs, such as the Electronic Retailing Self-Regulation Program (ERSP), to keep bad actors from tarnishing their industry's image. The column quotes Venable partner Len Gordon on the value of self-regulation programs to industries and the agencies charged with their oversight.

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What's in Your Tool Kit?

The first rule of advertising compliance is that advertising must be truthful and not misleading to consumers. In addition, all material advertising claims must be substantiated. In the latest edition of the firm's Advertising Law Tool Kit, Venable attorneys Jessie Beeber and Sarah Park outline the different ways advertising claims can be false or misleading, and how to challenge each type of deceptive claim.

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Natural Products Expo West/Engredea 2017

March 8-12, 2017 | Anaheim, CA

Natural Products Expo West/Engredea 2017 is where new products turn into record profits, relationship building and ROI are always high, and brand awareness builds momentum with each better business practice. Over 3,000 exhibits from over 1,800 different companies showcase their newest products in natural and specialty foods, organics, health and beauty, natural living, supplements, and pet products. Venable will host an Exhibitor-Presented Seminar, Dietary Supplements: What You Need to Know about Legal and Regulatory Compliance, on Saturday, March 11, 2017 from 3:00 p.m. to 6:00 p.m. PT at the Marriott, Marquis Ballroom Northwest, featuring several of our FDA and IP attorneys.

International Home and Housewares Show

March 18-21, 2017 | Chicago, IL

The International Home and Housewares Show is the largest housewares-only trade fair in the world. Join us at the Venable-sponsored DRMA Chicago Reception at the I|O URBAN ROOFSCAPE on March 20.

LeadsCon

March 20-22, 2017 | Las Vegas, NV

Online lead generation is ubiquitous in the modern marketplace, and both the FTC and State AGs are rethinking regulation and enforcement of the lead gen industry. Hear directly about this evolving landscape from Venable partner Jonathan Pompan, as well as key staff from the FTC and state AG offices during the session "Lead Generation Regulation and Enforcement: Government Perspectives" on March 21 at 1:30 p.m. PT.