August 2, 2018

Advertising Law News and Analysis

2 min

Oh Deere, the NAD Bulldozes Another Puffery Case

As we discussed in the past, "best" advertisements can either be substantive claims, or be considered mere puffery. Venable's Randy Shaheen discusses a recent NAD ruling where the advertiser, Mahindra USA, Inc. could not claim its products were superior without reasonable evidence. The decision is another important reminder that companies should be cautious in claiming superiority in measurable product characteristics without providing supporting evidence. Click on the link below to read more about the case and three rules of thumb advertisers should stick to when making claims.

States Win, Marketers Lose in U.S. Supreme Court Decision on Sales Tax

In the July issue of Response Digital magazine, Venable's Walter Calvert and Tammara Langlieb discuss South Dakota v. Wayfair – a case that involves three leading online retailers, Wayfair, Overstock, and Newegg – wherein the U.S. Supreme Court reversed its 1992 decision, which provided that a state may impose its sales tax on an out-of-state retailer only if the retailer has a physical presence in the state. But what are the new standards and what are the implications for any organization with an online business? For more insight into the outcome of the decision and how it could impact your business, click on the link below.

Transparency: Coming to a Campaign Ad Near You!

In an effort to provide voters with greater transparency as to who sponsors online political advertisements, the Digital Advertising Alliance (DAA) moved the needle by unveiling a new, industry-wide PoliticalAds transparency initiative this spring. Click on the link below to see the new, albeit familiar, icon that will accompany internet-based ads and other guidance that the DAA expects will be fully operational in the coming months.

Upcoming Event

State Enforcement Activity in the Consumer Financial Services Industry

September 7, 2018 | 2:00 - 3:30 p.m. ET | Webinar

Join members of Venable's Consumer Financial Services and State Attorneys General practices ‎for a discussion on what you and your company need to know about how states are responding in the new Trump/Mulvaney era. The speakers will share their experiences from the front lines and offer strategies to help you navigate the evolving state regulatory landscape.