April Advertising Law Alert from Frankfurt Kurnit Klein + Selz

This series was originally published by Frankfurt Kurnit Klein + Selz.

Here are some of the most popular posts viewed on Frankfurt Kurnit Klein + Selz’s Advertising Law Blog for April. If you have questions or comments about any of the advertising law topics they cover, please reach out to a member of the Advertising, Marketing & Public Relations Group.


FDA and FTC Fire Warning Shots At Cannabis Companies
Last week the Federal Trade Commission (FTC) joined the Food and Drug Administration (FDA) in sending warning letters to several companies marketing products with cannabidiol (CBD), which claim to treat a variety of diseases and other ailments. Read more.

The 2019 SAG-AFTRA Commercials Contract (Part 1): The Alternate Compensation Structure
The Memorandum of Agreement (“MOA”) for the 2019 SAG-AFTRA Commercials Contract (the “Commercials Contract”) has been released. Clocking in at twenty-six, single-spaced pages, there is a lot to digest. Read more.

Using a Competitor’s Trademarks in Your Hashtags?
When promoting your product in social media, can you use your competitor’s trademarks in your hashtags? Read more.

Is “More” Puffery?
A lawsuit in the Northern District of Illinois between credit score companies, Fair Isaac Corporation v. Trans Union, includes a short but interesting discussion about puffery. Read more.

Is “Favorite” A Claim or Puffery?
Riviana Foods, maker of Ronzoni brand pasta, challenged claims by Goya Foods, maker of Excelsior brand pasta, at NAD. Read more.

FTC Warning Letters to Jewelry Marketers Highlight Concerns About Environmental Marketing and the Use of Hashtags . . . as well as Diamonds
The Federal Trade Commission announced today that it sent letters to eight jewelry marketers, warning them that some of their online diamond advertising may be deceptive. Read more.

FTC Settlement Over “Made in USA” Claims Includes Admission of Liability
On Friday, the Federal Trade Commission announced that it reached a settlement with iSpring Water Systems over claims that the company violated a 2017 FTC consent order by making false “made in USA” claims. Read more.

Innocent Use of a Stock Photo to Illustrate a Website is Still not a Fair Use
The federal appellate court in Virginia today reversed a decision that had allowed a website to use a stock photo to illustrate its content without permission. Read more.

BOGO Begone!
BOGO offers — that is, “buy one get one [free]” deals — are popular with consumers. Indeed, a pending case in the Northern District of California, demonstrates just how popular. Read more.

In Suit, Mercedes Claims It Did Not Infringe Street Artists’ Rights
Mercedes Benz USA recently sued four street artists, seeking a court order that its use of the artists’ murals in social media advertising for its vehicles does not constitute copyright infringement. Read more.