Klein Moynihan Turco’s Response to COVID-19 – Click here

Klein Moynihan Turco

Online Marketing & Advertising Law

Sanitizer Law During a Pandemic

by

Recently, we blogged about some of the legal issues involved in the sale and marketing of Personal Protective Equipment (“PPE”) during the Covid-19 pandemic. Similar legal issues are triggered when businesses pivot from their usual operations and turn to help meet the demand for alcohol-based hand sanitizer. Those that look to follow the lead of companies, such as ExxonMobil, Bacardi, and local craft distilleries, that are now manufacturing and selling (or donating) hand sanitizer, must be aware of the legal regulations that apply to the manufacture and sale of hand sanitizer (“Sanitizer Law”). 

What are the legal guidelines for manufacturing and selling hand sanitizer?

[Read More]

Looking to Supply PPE During the Pandemic? Speak with a PPE Lawyer First

by

Every day, heartwarming stories are emerging about selfless acts of kindness that have occurred during the Covid-19 pandemic. Among those selfless actors are companies that have pivoted from their usual operations to the new focus of producing personal protective equipment (“PPE”) for healthcare workers, first responders, essential workers, and the public at large. On the flip side of the coin, when disaster strikes, it is also serves as an opportune time for bad actors to easily defraud consumers. Because of the actions of these unfortunate few, federal authorities have recently grown suspicious of the entire PPE supplier marketplace. To avoid regulatory scrutiny, PPE suppliers should advertise their products in a legally compliant fashion by, among other measures: 1) following the guidelines released by the United States Food and Drug Administration (“FDA”); 2) following Federal Trade Commission (“FTC”) marketing regulations; and 3) consulting with a PPE lawyer concerning the legal issues related to the sale and marketing of PPE. 

What are the guidelines for marketing PPE?

[Read More]

FTC Sues Negative Option Marketers

by

On May 13, 2020, the Federal Trade Commission filed a complaint in the Eastern District of Pennsylvania against American Future Systems, Inc. (“AFS”), a Pennsylvania-based telemarketing company, and its alleged co-conspirator, International Credit Recovery, Inc. (“ICR”) (AFS and ICR, collectively, “Defendants”), for conspiring to bilk businesses into paying for publications that they never ordered. Pursuant to the scheme, AFS made unsolicited calls to various businesses and organizations across the country in an effort to dupe unsuspecting employees into agreeing to receive free samples of the company’s publications. In reality, AFS would enroll the businesses in negative option programs without their consent. According to the FTC, when the businesses failed to pay for these products, AFS referred the matter to ICR, a debt collection agency, in order to prod the businesses into making payment. 

What are the FTC’s allegations?

[Read More]

NCAA To Update Athlete Marketing Rules

by

On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the three (3) NCAA Divisions to consider appropriate changes to their existing athlete marketing rules so that the new regime may be adopted no later than January 2021, to take effect at the beginning of the 2021-2022 academic year.

 What rule changes are anticipated?

[Read More]

Governor Cuomo Revises E-Signature Executive Order

by

Previously, we blogged about federal and state e-signature and notarization laws that apply in this time of working remotely from home. On March 31, 2020, the New York Department of State revised Executive Order 202.7 to clarify the responsibilities of New York State licensed notaries public. 

What are the revisions to the Executive Order?

[Read More]

Electronic Signatures and Notarization During a Pandemic

by

The onslaught of COVID-19 has required that most businesses now work remotely. This materially changes the dynamic of the office and leaves employees uncertain as to how they will complete tasks, such as executing contracts, which they had, up until then, taken for granted. Businesses should be aware that federal and state laws allow for certain contracts to be executed via electronic signatures and notarized electronically. 

What are the electronic signature and notarization legal requirements?

[Read More]

CCPA Regulations Revised, Again

by

Recently, the California Consumer Privacy Act (“CCPA”) regulations were modified by the California Attorney General for a second time. These modifications are an attempt to address issues raised by approximately one hundred comments that followed the release of the Modified Draft Regulations on February 7, 2020. The California Attorney General is accepting written comments on the latest modifications until March 27, 2020. All of these measures are being taken to ensure that businesses have a clear understanding of what the CCPA regulations require before the enforcement date of July 1, 2020. 

What are the most recent modifications to the CCPA regulations?

[Read More]

Social Media Influencer Marketing and FTC Enforcement

by

The endorsement of a celebrity or social media “influencer” can be a valuable tool for companies seeking to instantaneously advertise to the millions of individuals who follow a popular influencer. Companies pay very handsomely for these endorsements, with some celebrities earning over $1 Million per post. However, this explosion in paid endorsements and influencer marketing has led to the Federal Trade Commission (“FTC”) cracking down on misleading ads where influencers fail to disclose their relationship with the promoted companies. Given the potential for large fines and negative press, companies must be aware of their obligations to ensure that their influencer marketing campaigns comply with applicable law. 

How Should Companies Protect Themselves?

[Read More]