Kelley Drye Ad Law Access Podcast Kelley Drye Advertising Law

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth Circuit – have held that disclosures on the back of a package can help to qualify a claim on the front, as long as that claim is ambiguous, as opposed to false. NAD, on the other hand, tends to think those disclosures are too far-removed to be effective.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/courts-and-nad-come-to-different-conclusions-on-package-disclosures

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

John Villafranco
jvillafranco@kelleydrye.com
(202) 342-8423
https://www.kelleydrye.com/people/john-e-villafranco

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Two consumers walked into supermarkets on a mission to find ​“nutritious, healthy snacks” that ​“would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned Fruit in Juice, Canned Fruit in Heavy Syrup, Canned Fruit in Light Syrup, and Canned Fruit Juice. Perhaps those wouldn’t be your first choices, given that mission statement, but the consumers were swayed, in part, by Dole’s ​“promise to provide everyone, everywhere with good nutrition.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-finds-that-sunshine-reveals-puffery

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

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I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claimed that its products are ​“American Made” while its competitor’s products are ​“110% Made in China.” Creager Services didn’t dig those claims and filed a lawsuit alleging, among other things, that the ​“American Made” claims were literally false. (It missed an opportunity to argue that a product can’t be ​“110%” made in any location.)

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claims

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

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Last week in South Carolina, AGs, staff, and members of the community gathered for the AI and Preventing Child Exploitation Seminar, presented jointly by the Attorney General Alliance (AGA) and the National Association of Attorneys General (NAAG). Sessions focused on robocalls, online platforms, youth digital wellness and mental health, and the potential benefits of AI.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ags-protect-children-from-ai-and-chainsaws

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

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April 16, 2024

Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how long it takes to remove it, but I bet the numbers are high on both sides of the project. Luckily, Fenty Skin makes a product that makes the removal phase a little easier.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-recommends-more-prominent-disclosures-on-influencer-posts

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

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The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned number database ​“to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” Callers will also be required to demonstrate that they check against the database in order to avail themselves of the state’s existing safe harbor for telemarketing violations. The amendment, which will become effective on July 16, 2024, makes Maine the first state to adopt such a requirement.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/maine-to-require-telemarketers-to-check-reassigned-number-database

Alysa Hutnik
ahutnik@kelleydrye.com
(202) 342-8603
www.kelleydrye.com/people/alysa-z-hutnik

Jennifer Rodden Wainwright
jwainwright@kelleydrye.com
(202) 342-8649
www.kelleydrye.com/people/jennifer…dden-wainwright

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

Find all of our links here linktr.ee/KelleyDryeAdLaw

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