Archives: Advertising

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By: Ann K. Ford and James K.S. Stewart The immense rise in popularity of social networks has led to the proliferation of social media celebrities—individuals who have amassed a great number of “followers” based on their unique ability to artfully curate content designed to create an idyllic impression of everyday life and along the way … Continue Reading


DLA Piper is pleased to announce the launch of Prize Promotions Around the World, an updated version of our previous prize promotions handbook. Prize Promotions Around the World is an online tool designed to assist our clients across the globe with the management of the early development stages of a prize promotion (such as a sweepstake … Continue Reading


By Farid Bouguettaya and Karine Disdier-Mikus (Paris) Have you ever compared products or services when contemplating a purchase? Companies, whenever they can, also strive to mark themselves out from their competitors to gain a competitive advantage and new clients.  In an internal market where competition is highly encouraged by the European Union, comparative advertising has … Continue Reading

US Regulators Take Aim at Native Advertising

By Scott W. Pink A relatively new form of advertising that has drawn the attention of regulators is “native advertising” – paid media fashioned to mimic the look and feel of the news reports, feature stories, product and entertainment reviews, and other material on the online platform where it is placed. If consumers knew the … Continue Reading

Intellectual Property Webinar Series: Hot Topics in Advertising and Marketing Law

The next webinar in the international Intellectual Property webinar series relates to Hot Topics in Advertising and Marketing Law, and will take place on Wednesday 20 July 2016. Please click here to RSVP As brands conduct global advertising campaigns and promotions, they are facing ever-increasing challenges in complying with the evolving, varied legal landscape. A sound and … Continue Reading

Five Best Practices in Advertising Law

By Heather Dunn This post originally appeared in the American Marketing Association’s Marketing News Journal This past year, the FTC issued an extensive Q&A ​on its endorsement guides, which the FTC uses to evaluate whether an endorsement or testimonial is deceptive. Importantly, it is very clear that any “material connections” between endorsers and a brand must … Continue Reading


By Leonie Kroon and Stephanie van der Schaft (Amsterdam) and Elena Varese (Milan) Many brands have formed strategic partnerships with one or more influential fashion bloggers in sponsorship arrangements and design collaborations. Brand-blogger collaborations can seriously add to brand engagement and awareness: the brand benefits from the blogger’s social media networks and online fame and … Continue Reading


By Heather Dunn Earlier this year the Federal Trade Commission (FTC) issued an in-depth Q&A on its Endorsement Guides, making very clear that any “material connections” between endorsers and a brand must be disclosed alongside an endorsement.  Endorser disclosures are the advertiser’s responsibility, and the FTC will generally pursue the advertiser and its advertising agencies … Continue Reading


By Jack Randles and John Wilks The UK’s Committee of Advertising Practice (“CAP”) has introduced changes to the provisions of its advertising code which deal with the running of sales promotions, including prize promotions.  The full regulatory statement explaining and setting out the changes is here.  The amendments to Chapter 8 of the CAP Code … Continue Reading

Laughter: It’s The Best Medicine, But Not The Cure For False Advertising

By Tamar Duvdevani Couch potatoes everywhere have had a chuckle over DirecTV’s campaign featuring Rob Lowe’s “cool” and creepy/awkward/dorky personas, wherein “cool Rob” is equated to DirecTV, and the less fortunate Rob is equated to a competitor.  One example of the campaign is a commercial wherein beloved heartthrob, well dressed, successful Rob Lowe states that … Continue Reading


Repost from LAW À LA MODE, Issue 13 – April 2014 By Farid Bouguettaya (Paris)  The 20th anniversary of the French Language Act (Loi Toubon) of 4 August 1994 is a good occasion to examine the applicable rules when advertising in France. Such requirements are of particular interest for the fashion, retail and design sectors, … Continue Reading

International Prize Promotion Handbook

By Scott W. Pink and Carissa L. Bouwer DLA Piper’s International Advertising Group has published the Prize Promotions Across the World Handbook which provides an overview of prize promotion laws and regulations across 20 countries. Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social … Continue Reading

Florida’s Revised Promotions Law Prohibits Non-Profits From Offering Contests or Sweepstakes

By Radiance W. Harris On April 10, 2013, Florida revised several provisions of its game promotion statute, which will likely change how for-profit brands and non-profit entities offer contests and sweepstakes within the State and to its residents. In particular, these revisions include: • A game promotion can only be operated by a for-profit organization … Continue Reading

FTC issues new guidance for advertising and marketing in the online and mobile world

Repost from E-Commerce and Privacy Alert By Scott W. Pink On March 12, 2013, the Federal Trade Commission issued its long-awaited update to its 2000 guidance on disclosures in online marketing and advertising. The guidance, entitled .com Disclosures: How to Make Effective Disclosures in Digital Advertising, not only reaffirms many of the FTC’s longstanding principles … Continue Reading

FTC Issues Revised Green Guides To Prevent Misleading Environmental Claims

By Scott Pink, David Kramer and Carissa Bouwer Touting a product as environmentally friendly has become increasingly important to companies seeking to differentiate their products and appeal to consumers’ desires to protect the environment. The Federal Trade Commission (FTC) has long been concerned that many companies engage in “greenwashing” in which they overstate or mislead … Continue Reading

DLA Piper Gathers in Schaumburg for IPT Retreat

This past weekend, over 200 DLA Piper attorneys traveled to Schaumburg, Illinois for the Intellectual Property & Technology (IPT) Practice Group Conference (“Conference”). The Conference’s theme was “Celebration and Commitment.” This three-day event focused on networking across offices, celebrating the achievements of the IPT practice, and committing to goals to expand and improve the IPT … Continue Reading

Dietary Supplement Industry Gets Compilation of NAD Decisions

By Sandra S. Pedersen The Council for Responsible Nutrition this week released a searchable database of every National Advertising Division decision since 2007 involving advertising for dietary supplements. The database includes the decision date, challenger, advertiser, product, category of supplement, type of claim, examples of the challenged claims, and referral status. There are 140 cases … Continue Reading

Avoiding Illegal Lotteries in Social Media Promotions

Companies are becoming increasingly innovative in promoting and conducting contests and sweepstakes via social media sites such as Facebook, Twitter, Pinterest, and Instagram.  However, companies engaging in social media contests or sweepstakes must ensure that their promotions are in compliance with federal and states laws as well as the specific platform guidelines, and be particularly … Continue Reading

America’s Next Top Model . . . Guidelines

Reposted from Law à la Mode, Edition 6 – Summer 2012 By Alexander S. Birkhold (New York) The recent formation of the Model Alliance, an organization seeking to enforce and expand existing legal protections for models in the United States, has prompted increased US scrutiny of employment and image rights issues in the fashion industry.… Continue Reading

From the Experts: Avoid Pitfalls of Social Media Contests and Sweepstakes

Reposted from Corporate Counsel Magazine By Radiance Walters and Debbie Rosenbaum In 2012, marketing teams will spend less time defining the term “social media” for corporate executives and more resources justifying increased expenditures in cyber platforms that have questionable returns on investment. Despite the unknown value of social media, conventional wisdom seems to suggest that … Continue Reading

New Global Rules for Digital Interactive Marketing

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading