Kelley Drye Ad Law Access Podcast Kelley Drye Advertising Law

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash, composting, recycling and that they are more ​“sustainable” than competing bags that are resistant to biodegradation. A competitor filed an NAD challenge arguing that HoldOn overstates the benefits of its bags. The decision covers a lot of ground, but here are some highlights.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-reviews-green-claims-for-trash-bags

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

Katie Rogers
krogers@kelleydrye.com
(202) 342-8455
https://www.kelleydrye.com/people/katie-rogers

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you shouldn’t use a celebrity’s image in an ad without written consent. But what about cases that are less clear, such as a person in the background of a photo that your company posts on its social media account? A recent NY appeals court decision touches on this issue.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-case-addresses-publicity-rights-for-people-in-the-background-of-social-media-photos

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

“Everyone dies.” This was the first line in the California Attorney General’s 2021 complaint against the nation’s largest funeral service provider, Service Corporation International (“SCI”). Earlier this month, Attorney General Rob Bonta announced a proposed settlement with SCI, based in Texas and doing business as the Neptune Society and the Trident Society. California alleged that SCI violated the Unfair Competition Law and False Advertising Law by engaging in false advertising in its marketing and sale of pre-need cremation packages.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-ag-says-funeral-service-provider-made-a-killing-at-consumers-expense

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Natascia Taken
ntaken@kelleydrye.com
(312) 857-7097
https://www.kelleydrye.com/people/natascia-m-taken

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

General Kris Mayes recently filed two new lawsuits against Amazon.

The first accuses Amazon of using ​“dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their Prime subscriptions. According to the lawsuit, Amazon used misleading graphics and wording and emphasized the benefits of Prime before allowing consumers to cancel their subscriptions to the service, among other hurdles designed to exploit cognitive biases and influence a user’s choices.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/arizona-turns-up-the-heat-in-amazons-legal-battles

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Shea O'Meara
someara@kelleydrye.com
(212) 808-5042
www.kelleydrye.com/people/shea-omeara

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Yesterday, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for investigation and enforcement. While the report addresses credit card rewards programs specifically, there are important takeaways for co-branded partners and any company offering a loyalty or rewards program to mitigate risk of enforcement and litigation.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-report-and-hearing-with-dot-highlight-risks-with-rewards-programs

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.

www.kelleydrye.com/viewpoints/blog…ed-use-of-image

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach