Advertising and Marketing

Feb 20 2021

Dietary Supplement Executive Sentenced in Alleged Fraud Scheme

On February 19, 2021, the U.S. Department of Justice announced that a federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements. A U.S. District Judge sentenced the former corporate vice president to 41 months’ imprisonment and one year of supervised release.  The…

Jan 19 2021

Richard Newman Quoted by NBC San Diego on the Role of Social Media in Riot on U.S. Capitol

Social media law attorney Richard B. Newman was recently quoted by NBC 7 San Diego in a piece entitled “Role of Social Media Sites in Riot on Capitol.” View the story, here. Richard B. Newman is an advertising practices attorney at Hinch Newman LLP.   Informational purposes only. Not legal advice. May be considered attorney advertising.

Nov 23 2020

How to Comply With UK Endorsement Guide and Online Review Compliance Standards

Social media endorsements: being transparent with your followers Influencer marketing and review websites have attracted a great deal of attention recently by states and federal regulatory agencies, including the FTC.  The FTC’s Endorsement Guides addresses the application of Section 5 of the FTC Act to the use of endorsements and testimonials in advertising. The FTC Endorsement Guides suggest…

Nov 14 2020

Court Holds Change-of-Terms Provision Cannot Bind Parties to New Browsewrap Agreement

The Ninth Circuit recently held that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browsewrap” agreement on the website.  A browsewrap agreement is one that is attempted to be enforced against a website user by virtue of his/her use of a website.  Contrast…

Nov 11 2020

Good Consent-Based TCPA Win for Lead Generators

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers.  Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…

Nov 7 2020

FTC Settlement of Fake Review Campaign Illustrates Agency Recognition of Litigation Risk Under FTC Act

As blogged about here and here, brands and intermediary agencies that they do business with are expected to train and monitor endorsers, utilize written social media policies, take appropriate remedial action and document all efforts to implement preventative advertising compliance measures, including those designed to ensure the clear and conspicuous disclosure of material  connections between advertisers and…