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S.D. Florida Says That "Legacy Reunion Of Earth, Wind & Fire Alumni" Is Not Entitled To Nominative Fair Use Of Original Band's Name

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In 1970, singer Maurice White founded a musical group called Earth, Wind & Fire. The band's timeless and unmistakable songs, including the hits "September" and "Let's Groove," range in...

The May Bank Holiday Is A Washout, So Snuggle Down With The Ads & Brands Law Digest.

Global Advertising Lawyers Alliance (GALA)

Welcome to the latest edition of our Ads & Brands Law Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses.

FTC Staff's Revised MLM Guidance—More Content, Less Clarity

Kelley Drye & Warren LLP

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective...

California To Require Registration For Cause Marketing Campaigns

Davis+Gilbert LLP

New state regulations will dramatically overhaul the way retailers and advertisers must approach cause marketing activities in California starting June 12, 2024.

FDA Updates Draft Guidance On Promotional Communications Of Prescription Biologics And Biosimilars

Goodwin Procter LLP

On April 25, 2024, the FDA published a notice of availability in the Federal Register for its revised draft guidance, entitled "Promotional Labeling and Advertising Considerations...

Generative AI: 6 Ways To Support Your Marketing And Sales Functions

Alvarez & Marsal

With the introduction of OpenAI's generative artificial intelligence (AI) chatbot ChatGPT in November 2023 came a new wave of interest in AI tools, especially in how they can be used...

Want To Describe Your Products As Vegan? Here's What You Need To Do

Venable LLP

The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus.

Life Finds A Way: The FDA Releases Draft Guidance For Labeling And Advertising Biological And Biosimilar Products

Crowell & Moring LLP

The Food and Drug Administration (FDA) has published revised draft guidelines in the Federal Register on promotional labeling and advertising considerations for the biologic and biosimilar industry...

SEC Finds Advisers' Compliance With Marketing Rule Still Lacking Despite Examination And Enforcement Focus

Lowenstein Sandler

Rule 206(4)-1, as amended (the Marketing Rule), continues to be an area of focus for the U.S. Securities and Exchange Commission (SEC).

Five Key Takeaways From FDA's Updated Draft Guidance On Biosimilars Promotion

Arnold & Porter

On April 24, 2024, the U.S. Food and Drug Administration (FDA) released a revised draft guidance entitled "Promotional Labeling and Advertising Considerations for Prescription Biological Reference Products...

Proposed Federal Legislation Would Require Warning Labels And Advertising Prohibitions On "Junk Foods"

Kelley Drye & Warren LLP

On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the "Act").

Listen To Episode 11 Of Venable's Ad Law Tool Kit Show – "State Attorney General Investigations"

Global Advertising Lawyers Alliance (GALA)

Episode 11 of the Ad Law Tool Kit Show, "State Attorney General Investigations," is now available. Listen here, or search for it in your favorite podcast player.

FTC Pursues Bill Payment Company Over Alleged Dark Patterns, Illegal Junk Fees And ROSCA Violations

Frankfurt Kurnit Klein & Selz

The Federal Trade Commission took action under the FTC Act, the Restore Online Shoppers' Confidence Act and the Gramm-Leach-Bliley Act against bill payment company Doxo and its co-founders.

SAG-AFTRA's New Low Budget Digital Waiver

Davis+Gilbert LLP

Talent costs will be impacted under the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA)'s new Low Budget Digital Waiver to the Commercials Contract.

NAD Finds Disclosures For Comparative Claims Aren't Clear

Kelley Drye & Warren LLP

Glad advertises that its ForceFlex MaxStrength bags are "25% more durable." More durable than what? If you follow an asterisk, you'll learn that they are 25% more durable...

Courts And Legislators Addressing The Right Of Publicity In The Age Of AI

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The creative promise of generative artificial intelligence ("GenAI or "AI") is tremendous. Irrespective of artistic talent, any user can enter a text prompt into...

Update On TSR Amendments And Recordkeeping Requirements

Kelley Drye & Warren LLP

As an update to our earlier blog post detailing the FTC's amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024.

NAD Determines A Money Back Guarantee Conveys Performance Claim

Kelley Drye & Warren LLP

The Princeton Review advertises its MCAT preparation courses with the following copy: "Score a 515+ on the MCAT or add 15 points depending on your starting score.

100% Pure, Natural False Advertising Litigation

Katten Muchin Rosenman LLP

One of the worst-kept secrets among the plaintiffs' bar is that claims like "pure" and "natural" on consumer-product labels can lead to class-action claims.

New Lawsuit Against AdTech's Contribution To Bots

Katten Muchin Rosenman LLP

In a New York State Court lawsuit filed on March 11, 2024, a small digital content developer called Nubai sued its former adtech vendor, Outbrain, for routing to it what it called primarily sophisticated invalid traffic (SIVT).

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