September 21, 2017

Taste preference claims, social media influencers, and more in this issue of Advertising Law News & Analysis

4 min

spaghetti with tomato sauce

You Say Tomato, I Say Tomahto

A competitive taste superiority message can be incredibly powerful, and developing the necessary substantiation to support these claims is usually exacting and expensive. In a recent blog post, Venable partners Amy Mudge and Randy Shaheen write that, dollars to doughnuts, a strong taste preference claim will leave less tasty competitors sharpening their knives. That's why the National Advertising Division (NAD) hears several taste preference claims a year. A decision just this week involved dueling taste tests and considered the important question of who are the right people to test.

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traffic lights

FTC Plays "Red Light, Green Light" with Influencer Marketers

Earlier this month, the Federal Trade Commission (FTC) sent 21 "warning letters" to social media influencers, write Venable partners Amy Mudge and Randy Shaheen in the September edition of the DRMA Voice. There is little doubt, they write, that the Commission considers brands and individual social media influencers duly warned, and an enforcement action involving a social media influencer (or influencers) – based on the alleged failure to disclose material connections – likely will not be too far behind the recent warning letter campaign.

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kids with laptops

Hey Kids! CARU Has a New Director!

The Council of Better Business Bureaus, which oversees both the Children's Advertising Review Unit (CARU) and NAD, recently appointed Dona Fraser as the new director of the CARU program, write Venable partners Amy Mudge and Randy Shaheen in a recent blog post. Fraser brings a wealth of experience to the job, having most recently served as the Vice President, Privacy Certified, for the Entertainment Software Rating Board. She has an extensive background in privacy and has worked on data collection and privacy practice issues in numerous areas, including mobile apps, downloadable games, and social networking.

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for medical use only

NY Proposes Updates to Cannabis Advertising Rules

The New York State Department of Health recently proposed a new set of regulations that would loosen marketing and advertising laws affecting New York's medical cannabis program, writes Venable attorney Taylor Sachs in a recent blog post. The proposed regulations were published in the New York Register on August 23, 2017, and are open for a 30-day public comment period before the new regulations are to take effect.

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Advertising Law Tool Kit

From the Tool Kit:

Marketing to children under the age of 13 is anything but child's play. There are heightened requirements that go beyond standard truth in advertising and fair advertising practices. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Amy Mudge and Melissa Steinman share best practices designed to keep companies marketing to children from being sent to the corner.

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SupplySide West

September 25-29, 2017 | Las Vegas, NV

Venable will be the Official Legal and Regulatory Partner at this year's SupplySide West Global Expo & Conference. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable partners Todd Harrison, Claudia Lewis, Michelle Jackson, and Michael Blume will participate in panel discussions on regulations, class action litigation, and clean label messaging. Be sure to visit us at our offices directly in front of the SupplySide West registration entrance in the Expo Hall holding area!

Request a complimentary consultation with Venable at the conference.


National Advertising Division Annual Conference 2017

October 2-3, 2017 | New York, NY

Learn from the experts on how to keep your claims on the level and what to do when a competitor is driving you (or your client) crazy with claims you believe are unsubstantiated at this year's NAD conference. Venable's Amy Mudge will be speaking on a panel titled "Walking the Line in Claim Construction" on October 2. Other can't miss speakers include Thomas B. Pahl, Acting Director, Bureau of Consumer Protection, FTC; Tommy Henvey, Chief Creative, Brooklyn-based Something Different; and Karl A. Racine, Attorney General, District of Columbia. Attendees will also have the opportunity to meet the new directors of the National Advertising Division and Children's Advertising Review Unit.


Electronic Retailing Association's 2017 D2C Convention

October 2-5, 2017 | Wynn Hotel, Las Vegas, NV

Venable is proud to sponsor the 2017 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 #201, and mingle with our team at the Pre-Moxie Mixer on Tuesday, October 3 from 6:00 to 8:30 p.m.

Venable's Ellen Berge will be speaking on a panel titled "We're all in this Together: The Complicated Relationships that Make Up Your Direct Response Advertising Campaign" on October 4.

Schedule a meeting with Venable at D2C.