marketing law Archives - Klein Moynihan Turco

SEC Charges Paul Pierce with Cryptocurrency Marketing Violations

Blog, Online Marketing & Advertising Law / David Klein

Companies often hire celebrities to promote their goods and services. It is an efficient and lucrative way to generate attention and interest in brands. Keep in mind that individuals who promote and tout such products and services are subject to applicable marketing regulations. This is true in all industries, including in the securities space. The U.S. Securities and Exchange Commission (“SEC”) has unapologetically pursuedcompanies, celebrities and other individuals who […]

SEC Charges Paul Pierce with Cryptocurrency Marketing Violations Read More »

New FTC Health-Related Advertising Guidelines Released

Blog, Online Marketing & Advertising Law / David Klein

Marketing companies take notice: on December 20, 2022, the Federal Trade Commission’s (“FTC’s” or “Agency’s”) Bureau of Consumer Protection released a 40-page, comprehensive Health Products Compliance Guidance (the “Guide”). The new Guide is considered to be a significant update to the earlier 1998 version, Dietary Supplements: An Advertising Guide for Industry.The FTC Health-related advertising guide is comprehensive

New FTC Health-Related Advertising Guidelines Released Read More »

New York AG: Marketing to Consumers Must be Clear and Conspicuous!

Blog, Online Marketing & Advertising Law / David Klein

Companies that market products and services to New York State consumers must be sure that their advertising efforts are lawful and above board. Any significant terms and conditions relating to a consumer purchase should be presented in a clear and conspicuous manner such that the average consumer can recognize and understand them. Businesses that engage

New York AG: Marketing to Consumers Must be Clear and Conspicuous! Read More »

Marketing CBD in Food and Beverages: Beware of FDA Warnings

Blog, Online Marketing & Advertising Law / David Klein

The United States Food, Drug, and Cosmetic Act (“FD&C Act”) is a set of regulations that, among other things, vests authority in the U.S. Food and Drug Administration (“FDA” or “Agency”) to oversee the safety of food, drugs, medical devices, and cosmetics. This includes food additives, such as Cannabidiol (“CBD”), a chemical in the cannabis sativa plant,

Marketing CBD in Food and Beverages: Beware of FDA Warnings Read More »

Google and iHeartMedia Sued for Unlawful Paid Endorsement Marketing Practices

Blog, Online Marketing & Advertising Law / David Klein

Product and service endorsement is an effective way to generate consumer interest. As our readers know, this method of advertising must comply with applicable state and federal regulations or business owners risk costly and time-consuming regulatory action. For example, the Federal Trade Commission (“FTC” or “Commission”) and multiple state attorneys general recently brought suit against

Google and iHeartMedia Sued for Unlawful Paid Endorsement Marketing Practices Read More »

Chipotle Halloween Sweepstakes Promotion and the Law

Blog, Online Marketing & Advertising Law / David Klein

After a two-year hiatus, Chipotle is bringing back the Boorito Halloween Sweepstakes promotion, but this time by partnering with BeReal. For those who do not know, BeReal is a photo sharing application, designed to instill a sense of spontaneity in a user’s posting of, in-the-moment, “real” photos. According to the website, “[e]veryday at a different

Chipotle Halloween Sweepstakes Promotion and the Law Read More »

David Klein Featured in WSJ: What to Know About (Legally) Marketing Crypto Assets

Publications / Klein Moynihan Turco

By: Megan Graham View the original article in The Wall Street Journal here. The SEC settled with Kim Kardashian over her promotion of a cryptocurrency. Here is how influencers and marketers can stay above board with crypto messaging. Kim Kardashian’s $1.26 million settlement with the Securities and Exchange Commissionover a cryptocurrency promotion highlighted the risk that

David Klein Featured in WSJ: What to Know About (Legally) Marketing Crypto Assets Read More »

FTC Staff Report Details Rise in Dark Patterns

Blog, Online Marketing & Advertising Law / David Klein

A September 2022 FTC Staff Report has revealed that manipulative marketing practices by businesses, termed “dark patterns,” is on the rise. The Federal Trade Commission (“FTC”) is a United States government agency whose primary mission is to protect consumers and enforce civil antitrust laws. Since the advent of direct mail and brick and mortar retail,

FTC Staff Report Details Rise in Dark Patterns Read More »