FTC enforcement priorities, a sweet victory for soft drink advertisers, and more in this issue of Advertising Law News & Analysis

3 min

Advertising Law Tool Kit

Download Venable's New Advertising Law Tool Kit Today

Venable recently published the expanded and updated sixth edition of its Advertising Law Tool Kit. The Tool Kit is a handy desk reference designed to help in-house counsel and marketers identify and mitigate common advertising law problems. In addition to newly added topic areas, the sixth edition also includes "Be Prepared" sections, which provide overviews on how to address Lanham Act litigation, state attorney general inquiries, and Federal Trade Commission (FTC) investigations. The Tool Kit is viewable online and can be downloaded to your computer or mobile device, or printed.

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FTC Outlines Enforcement Priorities

At the National Advertising Division (NAD) Annual Conference in New York City last week, the keynote address by Mary Engle, the FTC's Associate Director of Advertising, explained how the Commission is implementing Acting Chairman Maureen Ohlhausen's consumer protection agenda. The three key elements of Ohlhausen's agenda, write Venable attorneys Amy Mudge and Brian Tengel, are promoting industry self-regulation, providing more and better guidance to advertisers, and fighting fraud that targets older Americans, or people in rural communities, or seeks to exploit "Made in USA" claims.

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soft drink

9th Circuit Delivers Sweet Victory to Soft Drink Advertisers

San Francisco found itself in a sticky situation after the Ninth Circuit struck down a city ordinance that would have required soda companies and other makers of sugar-sweetened beverages to place warnings on their advertisements. In a recent blog post, Venable attorneys Len Gordon and Kathleen Sheridan write that although the Court agreed with advertisers that the ordinance unconstitutionally chilled their protected commercial speech, this fight seems far from over.

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A Year of Lessons for Marketers

Fall is an ideal time to take stock of your business, review the legal and regulatory changes over the past year, and consider what may be just over the horizon. From new management at the FTC to changes in Lanham Act case law (and an NAD case about jellybeans), Venable attorneys Jeff Knowles, Roger Colaizzi, and Chris Crook discuss what they see as some of the most interesting developments in advertising law over the previous 12 months in the latest edition of Electronic Retailer magazine.

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Advertising Law Tool Kit

From the Tool Kit:

The first rule of advertising compliance is that the claims must be truthful and not misleading to consumers. In the most recent edition of the firm's Advertising Law Tool Kit, Venable attorneys Jessie Beeber and Sarah Park explain the different varieties of false advertising and how to attack them.

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November 1-2, 2017 | New York, NY

Ad:tech New York will explore how personalized, meaningful engagement has inspired a new wave of marketing strategies backed by a powerful array of technology platforms. In this post-advertising era, creative use of technology will push business ahead and deliver exceptional customer experiences. Visit Venable in Booth #148.

Schedule a meeting with Venable at ad:tech.


Association of National Advertisers/Brand Activation Association (ANA/BAA) Marketing Law Conference

November 13-15, 2017 | Chicago, IL

The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses, builds on its reputation as the broadest marketing advertising and privacy law conference, with deep practical legal content, fruitful networking, and major CLE credits. Presenters will be offering deep dives into all aspects of marketing and advertising law, social and digital media, IP and privacy, FTC, state AG and self-regulation (NAD, CARU), Lanham Act, and class actions, with many new sessions to be added. Hear from 135 of the nation's leading inside and outside counsel, and federal, state, and self-regulatory officials. Venable partners will be discussing complex legal issues on several panels relating to advertising litigation, loyalty programs, native advertising, influencer marketing, and user-generated content.