November 30, 2018

FDA and USDA split oversight of cell-cultured products, blurred vision for online advertising, and more in this issue of Advertising Law News & Analysis

Agencies Unite to Split Oversight of Cell-Cultured Products

Two federal government agencies – the FDA and the USDA – recently announced their joint effort to oversee cell-cultured food production derived from livestock and poultry. While their coordination has positive implications, it continues to raise questions about what will be regulated, the regulatory process, and who will manage what. Click on the link below to read about the potential implications for consumers, businesses, and members of the agricultural industry, in this announcement penned by Venable's Michael Blume.

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Blurred Vision for Online Advertising

Last November we covered the Bureau of Competition's challenge to agreements that 1-800 Contacts entered into with its competitors concerning how they would advertise. In their "Initial Decision," Judge Chappell found that those agreements directly harmed competition and consumers in the market for contact lenses sold over the Internet, and he rejected the efficiency justifications proposed by 1-800 Contacts. After further recent review, the FTC affirmed that the agreements also violated the antitrust laws for a variety of reasons, as outlined by Venable's Len Gordon. Click on the link to read the full final decision, important statements from the Commission, and how the results will impact online advertising agreements in the future.

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Swipe for the Surcharge

More retailers are going cashless for a whole host of reasons, but whether merchants can charge consumers who pay with a credit card more and how that increase in price is described have been the subject of extensive litigation. As a result of New York's anti-surcharge law, discussed in detail by Venable's Len Gordon in a recent blog post, retailers are free to call the higher price for credit whatever they want, as long as consumers do not have to do math to figure out what that price is. Click on the link to read the analysis of the ongoing New York surcharge saga.

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Global Advertising Law Year in Review

December 6, 2018 | Webinar

With the ever-growing importance of social media, mobile marketing, and the Internet, advertising has truly gone global. Whether clients are creating traditional advertising, innovative social media campaigns, or sweepstakes and contests with global reach, advising them on global marketing campaigns is a challenge. Venable's Shahin Rothermel will serve on a panel with members of the Global Advertising Lawyers Alliance (GALA) to provide an overview of some of the key developments in advertising law around the world over the last year.


TCPA Litigation – Hot Issues and Current Trends

December 13, 2018 | Webinar

Venable attorneys Dan Blynn and Steve Freeland will guide you through the "hot" TCPA litigation issues, including what is and is not an auto dialer, consent issues, and liability for placing calls to wrong or reassigned numbers, and lead you through the current state of the law. They will also discuss recent events at the Federal Communications Commission that could impact the TCPA in the near future. This webinar is a must for anyone using the phone to contact customers and consumers.