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
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 receives positive exposure to a new audience. But to achieve the desired effect, it is important for the brand to handle the brand-blogger relationship correctly. This article contains our top six tips to help brands avoid legal issues when collaborating with bloggers.…
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 for violations. This means companies must provide appropriate training to their endorsers, and must monitor their activities. As a recent FTC letter indicated, doing so can provide great benefit, even when things go awry.
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 he has DirecTV, while mullet-donning, varsity-jacket-clad, “peaked in high school” Rob Lowe states that he has cable. The commercial, through these personas, make statements promoting DirecTV over cable, with the conclusion from normal Rob: “Don’t’ be like this me, get rid of cable and upgrade to DirecTV.”
Unfortunately for DirecTV, cable companies thought it no laughing matter that some of the commercials made claims that DirecTV users experience “99% signal reliability” and “The industry’s best picture quality and sound,” and that DirecTV is ranked “#1 in customer satisfaction over all cable TV providers,” “ranked higher than cable for over 10 years,” and “the undisputed leader in sports which means you can watch all the games you want to.” Even the “don’t be like this me” tagline raised the ire of cable company Comcast, who, according to the National Advertising Division (NAD), part of the Council of Better Business Bureaus, challenged these claims.
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, which are in essence international and predominantly use English as the language of communication.
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 media platforms make this an attractive, cost efficient means of reaching a large, multi-jurisdictional customer base, but it is not without its legal challenges. This Handbook will help companies planning an international contest or sweepstakes to understand the challenges and restrictions the promotion will face in different jurisdictions.
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 on a limited and occasional basis as an advertising or marketing tool in connection with and incidental to bona fide sales of consumer products or services, if no purchase is necessary to play; and
• Non-profit entities and charitable organizations cannot operate a game promotion.