Understanding False Advertising Claims, Part 2: the National Advertising Division

Advertising Agreements

The emergence of online, social media, and mobile advertising has made the outsourcing of marketing efforts important to many businesses. While this approach offers many benefits, businesses must ensure that their advertising agreements contain key provisions that will mitigate certain legal risks. Host Shahin Rothermel [https://www.venable.com/professionals/r/shahin-o-rothermel] talks to Venable partners Bret Siciliano [https://www.venable.com/professionals/s/bret-p-siciliano] and A.J. Zottola [https://www.venable.com/professionals/z/armand-j-aj-zottola] about how these agreements can go wrong, and some best practices that can help businesses avoid risk when outsourcing marketing campaigns. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

Understanding False Advertising Claims, Part 2: the National Advertising Division

The National Advertising Division [https://bbbprograms.org/programs/all-programs/national-advertising-division] (NAD) is part of the BBB National Programs. Its mandate is to “hold national advertising across all media types to high standards of truth and accuracy by reviewing truth-in-advertising challenges from business, trade associations, consumers, or on its own initiative.” In 2023, the NAD closed 26% more false advertising cases than the year before. In the second of two episodes digging into false advertising claims, host Shahin Rotherme [https://www.venable.com/professionals/r/shahin-o-rothermel]l and her guest, Venable partner Claudia Lewis [https://www.venable.com/professionals/l/claudia-a-lewis], discuss how marketers can reduce the risk of a competitor challenge, and what to do if you believe your competitors’ advertising is violating the law. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

Understanding False Advertising Claims, Part I: Litigation

The first rule of advertising compliance is that advertising must be truthful and not misleading to consumers. All material advertising claims also have to be substantiated. There are many venues in which a business can challenge a competitor who fails to follow those rules. What are the different ways in which an advertising claim can be false or misleading? In the first of two episodes digging into false advertising claims, host Len Gordon [https://www.venable.com/professionals/g/leonard-l-gordon] and his guests, Venable partners Roger Colaizzi [https://www.venable.com/professionals/c/roger-a-colaizzi] and Liz Rinehart [https://www.venable.com/professionals/r/liz-clark-rinehart], discuss the many types of false advertising claims and how to be sure your business can avoid them. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

State Privacy Laws

State privacy laws continue to evolve rapidly, challenging businesses to keep pace. By the end of 2024, businesses will need to comply with up to nine comprehensive state privacy laws, with more laws slated to come into force in 2025 and 2026. To date, all such laws draw inspiration from both the first comprehensive state privacy law—the California Consumer Privacy Act (CCPA)—and the European Union General Data Protection Regulation (GDPR). But there are differences. Host Len Gordon [https://www.venable.com/professionals/g/leonard-l-gordon] talks to his guest, Venable partner Kelly Bastide [https://www.venable.com/professionals/b/kelly-demarchis-bastide], about which laws, if any, apply to your business and developing a practical compliance program that harmonizes with the different laws. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

Marketing to Children

When marketing to children under 13, there are heightened requirements that go beyond standard truth in advertising practices. The basic idea behind these requirements is that children have a difficult time understanding that they are being given a sales pitch and distinguishing between reality and fantasy. Host Shahin Rothermel [https://www.venable.com/professionals/r/shahin-o-rothermel] and her guests, Venable partner Melissa Steinman [https://www.venable.com/professionals/s/melissa-landau-steinman] and associate Shannon Sansom [https://www.venable.com/professionals/s/shannon-e-sansom], discuss some best practices that companies should keep in mind when building promotions and campaigns targeted at children. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.