November 3, 2017

CA auto-renewal law kicks it up a notch, CA business and professions code gets spooky, and more in this edition of Advertising Law News & Analysis

3 min

Businessman holding a trophy

Venable Named Advertising Law Firm of the Year

Earlier this week, U.S. News – Best Lawyers released the 2018 edition of its "Best Law Firms" rankings. In addition to earning Tier 1 rankings in the National and Washington, DC categories, and a Tier 2 ranking in New York City, Venable was named "Advertising Law Firm of the Year" for the third time since the rankings were launched in 2010.

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financial laws

Bam! New CA Auto-Renewal Law Kicks It Up a Notch

As automatic renewals and continuity offers become more popular with consumers, many states are enacting or updating automatic renewal laws (ARLs). California is no exception, writes Venable partner Damon Wright in a recent blog post. The newly enacted Senate Bill 313, which goes into effect on July 1, 2018, replaces California's current ARL, which was enacted in 2010. The 2010 law was already more stringent than the federal Restore Online Shoppers' Confidence Act, but SB313 adds additional disclosure, consent, and notification requirements.

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comicbook scare

It Came From the CA Business and Professions Code…

It is no secret that two-for-one offers require marketers to check many federal and state "boxes" to ensure compliance, but could a slipup land a marketer in jail? "Yes," writes Venable partner Damon Wright in a recent blog post. The spooky law, Section 16603 of the California Business and Professions Code, targets the two-for-one sale of certain comic books. Violating the law is a misdemeanor punishable by up to six months in jail or a fine of up to $1000.

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Advertising Law Tool Kit

From the Tool Kit:

Few things attract more attention from the Federal Trade Commission, state attorneys general, and class action lawyers than the disclosures marketers make to consumers online. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partner Leonard Gordon discusses what marketers should, and should not, do when making online disclosures.

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UPCOMING EVENTS

Raising the Green Bar Summit

November 8, 2017 | New York, NY

Join the Good Housekeeping Institute and Made Safe, an organization that works with companies to certify that their product ingredients do not contain ingredients known or suspected to harm human health, for a day-long summit focused on how brands can maximize their sustainability efforts. Speakers will include Venable's Randy Shaheen, a number of policy and scientific experts, industry trailblazers, and Dr. Oz.

Register

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.

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