Social media influencers webinar, CPSC and FDA crack the whip on slow reporting, and more in this issue of Advertising Law News & Analysis

4 min

Social Media Influencers – A Complimentary Advertising Law Webcast

As advertisers increasingly use social media as a platform to reach consumers, influencers who speak positively about a brand's products and services have become a powerful tool. And appropriate disclosures by brands and the influencers they work with have become a hot topic for the Federal Trade Commission (FTC). In this complimentary webcast, advertisers will hear directly from the FTC about making proper disclosures and other useful guidelines that marketers should keep top of mind.

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CPSC, FDA Feel Need for Speed

On consecutive days last month, both the Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) made clear that companies that delay reporting potential product hazards or defects could face significant reputational and monetary risk, write Venable partners Michael Blume, Heather Bramble, and Todd Halpern in a recent blog post.

On January 18, FDA Commissioner Scott Gottlieb announced the publication of a draft guidance that "better describes the FDA's policy on public warning and notification of recalled products." The next day, the U.S. Department of Justice announced that a federal district court awarded $5 million in civil penalties in an action brought on behalf of the CPSC against a pharmaceutical company. The action alleged violations of the Poison Prevention Packaging Act (PPPA) and Consumer Product Safety Act, including the company's failure to "immediately" notify the CPSC once it discovered that its products were not compliant with the PPPA.

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DC Circuit Affirms Constitutionality of CFPB

The U.S. Court of Appeals for the DC Circuit recently ruled, en banc, that the Consumer Financial Protection Bureau's (CFPB) structure is constitutional. By a vote of 7 to 3, the full panel of judges reversed an earlier panel decision that took issue with the independent agency's single-director structure. In a recent client alert, Venable attorneys Andrew Arculin, Allyson Baker, Jonathan Pompan, Gerry Sachs, Peter Frechette, and Sameer Sheikh wrote that the ruling sets the stage for a possible Supreme Court duel. However, an application for certiorari will undoubtedly kick up messy procedural questions.

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football and foam fingers

Big Game Fun Includes Viking Disclaimers, Fake News

This may have been the first year we were more into the game than the ads, as it was a well-matched nail-biter right to the end, but this is advertising's biggest night of the year as well as football's, and once again we were not disappointed. While views are likely the best measure of an ad's success, All About Advertising Law editors Amy Mudge and Randy Shaheen share their picks for the big game's best ads.

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Advertising Law Tool Kit

From the Tool Kit:

Brands love how social media influencers cut through the noise to deliver brand messages to consumers, but the FTC has been and remains concerned about the proper disclosure of material connections between brands and influencers. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Amy Mudge, Randy Shaheen, and Melissa Landau Steinman discuss best practices brands should implement to ensure that campaigns, and the influencers who participate in them, make proper disclosures.

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Electronic Retailing Association Great Ideas Summit

February 26-28, 2018 | Miami, FL

The Great Ideas Summit is THE place to meet the highest tier of industry influencers and decision-makers, expand your brand reach, grow your competitive intelligence, develop leads, seal deals, and much more. Venable partner Jeff Knowles will moderate the "How to Improve Your Council of Better Business Rating" panel at 5:00 pm (EST), which will be followed immediately by the Venable-sponsored opening reception.


Global Advertising Lawyers Alliance Seminar: Advertising Law in the United States and Around the Globe

March 14, 2018 | New York, NY

Join Venable and GALA for panel discussions on influencer marketing, global sweepstakes, and best practices for running a global campaign with a network of international attorneys. CLE credit will also be offered during the two-hour session.