August 30, 2018

Advertising Law News and Analysis

3 min

CA's New Prop 65 Warning Requirements Take Effect Today

On August 30, 2018, businesses will be required to provide revised "clear and reasonable" warnings under California's Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65 or "Prop 65"), write Venable attorneys Michelle Jackson, Allison Foley, Jordan Bailey, and Greg Berlin in a recent blog post. Retailers and manufacturers/distributors alike should ensure that they are in compliance with the new rules, keeping in mind that there are specific requirements related to products sold via the Internet and product catalogs.

Visa Updates Rules for "Marketplaces"

Visa has created a new category of payment aggregator – a "marketplace" – for entities, which brings "together Cardholders and retailers on an electronic commerce website or mobile application," write Venable attorneys Ellen Berge and Andrew Bigart in a recent blog post. The new marketplace designation will have an immediate impact on ecommerce, but it also raises a number of regulatory and compliance issues that must be taken into account.

U.S. Government Soliciting Comments Regarding Copyright Piracy and Trademark Counterfeiting

The U.S. government is soliciting comments that identify online and physical markets based outside of the United States that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting. In a recent client alert, Venable attorneys Marcella Ballard, Alexander Koff, Justin Pierce, Linda Zirkelbach, and Meaghan Kent write that this process provides an opportunity for brands to influence and inform U.S. policymakers who can assist in intellectual property enforcement efforts. The deadline for submitting comments is October 1, 2018.

FCC Tackles "Slamming and Cramming"

"Slamming and cramming" might sound more appropriate in professional wrestling than telecommunications, but it's the Federal Communications Commission (FCC) and not the WWE that's making moves in this area. In a recent blog post, Venable partner Ian Volner writes that new rules aimed at stopping both slamming and cramming by telecommunications carriers went into effect August 16.

From the Tool Kit

Prop 65 remains a threat to companies marketing consumer products, especially in the food, dietary supplement, and cosmetic verticals. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Todd Harrison, Claudia Lewis, and Michelle Jackson provide a checklist to help marketers mitigate Prop 65 risk.

Upcoming Events

The Regulatory Landscape in 2019 — and Beyond

September 25, 2018 | Las Vegas, NV

The Performance-Driven Marketing Institute (PDMI) is ready to tackle the regulatory, legal, and government affairs issues facing the direct-response industry. Join Venable attorneys and leaders in industry self-regulation for a discussion of hot topics among regulators and law enforcement leaders. We will also explore what a self-regulation program that addresses these topics could look like in the future.

Consumer Surveys

September 20, 2018 | Webinar

Consumer surveys play an increasingly important role in advertising law, whether it's a Lanham Act case, a regulatory or self-regulatory matter, or internal counseling. Yet consumer surveys can also be a trap for the unwary. Join us and experts from Applied Marketing Science as we unpack some of the mysteries surrounding the design and implementation of consumer surveys.

Registration details coming soon.