Topic: Advertising

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Second Circuit may address apparent Apotex/Church & Dwight split

In our September 28, 2016 blog post, and subsequent Law360 Article, we reported that an internal Second-Circuit split had arisen regarding the deference owed to allegedly false and misleading pharmaceutical/medical device advertising where the FDA had considered and approved similar claims for labeling. The earlier decision involved in the split, Apotex, Inc. v. Acorda Therapeutics, Inc.  823 F.3d 51 (2d … Continue reading

Intra-Circuit split should give advertisers pause

While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that advertising their products based on FDA-vetted labeling is, if not a safe harbor, at least a reasonably sheltered cove.  The recent Second Circuit decision in Church & Dwight Co. Inc., v. SPD Swiss Precision Diagnostics, … Continue reading

Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee (IOC) and the Canadian Olympic Committee (COC) have long been aggressive in enforcing illicit use of the term “Olympics”, the five rings … Continue reading

Who goes to Rio: Sports sponsorship and ambush marketing in Australia

The Australian Olympic Committee (AOC) is urging the public to support “true, valued Partners” after it lost its last minute bid to prevent ambush marketing ahead of the 2016 Summer Olympic Games. Australian Olympic Committee, Inc. v. Telstra Corporation Limited [2016] FCA 857 (29 July 2016). The decision by the Federal Court of Australia highlights the … Continue reading

In the UK, the first rule of the Olympics is: You don’t talk about the Olympics

The Rio 2016 Olympics are upon us and will undoubtedly capture the attention, excitement and imagination of the public in the UK and globally. It is no surprise then that some businesses may seek to capitalise on the opportunity to promote their brands, products and services through advertising that references the Olympics, Team GB and … Continue reading

Social media risks during the Rio Games

In just four days, the world’s attention will turn to Rio de Janeiro and the Games of the XXXI Olympiad.  At the same time, sports enthusiasts will turn to social media to express their support for the Games, for their countries’ teams and for their favorite athletes. Individuals, news outlets, and official Olympic sponsors are … Continue reading

Canadian government seeks external review of government advertisements

Advertising Standards Canada (ASC), Canada’s independent advertising self-regulatory body, has been requested to provide advertising review services for all Government of Canada advertisements. The ASC administers the Canadian Code of Advertising Standards, which sets the criteria for acceptable advertising in Canada.  The ASC typically provides advertising preclearance services, and adjudicates consumer complaints and advertising disputes. … Continue reading

Recent changes to advertising on social media platforms?

With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space … Continue reading

Socially responsible advertising

On April 6, 2016, the U.K.’s Advertising Standards Authority considered a complaint made against Guccio Gucci SpA regarding a video, which originally appeared on the website at The advert featured several models dancing in a house, clothed in the apparel of the global fashion brand, and the complaint centered around the physical appearance of … Continue reading

Social listening – are you ready?

One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading

Competition Bureau alleges Moose Knuckles’ “Made in Canada” claims are false and misleading

On April 26, 2016, Canada’s Competition Bureau filed an application with the Competition Tribunal alleging that Moose International Inc., carrying on business as Moose Knuckles, engaged in deceptive marketing practices and that the “Made in Canada” claims associated with certain of its parkas and other apparel are false and misleading. Under the Competition Bureau’s Enforcement … Continue reading

Long legal battle ends with jury victory for Coca-Cola in pomegranate juice dispute

A California jury recently ended an eight-year legal battle between POM Wonderful (“POM”) and The Coca-Cola Company (“Coca-Cola”) finding that Coca-Cola’s Pomegranate-Blueberry juice labeling did not mislead customers, even though the juice contained less than 1% Pomegranate and Blueberry juices combined. Procedural History We have been following the critical twists and turns of this litigation which began in 2008 … Continue reading

Amarin and FDA settle off-label suit

As we reported last August, US District Judge Paul Engelmayer ruled that Amarin Pharma has a First Amendment right to truthfully promote its prescription drug Vascepa for off-label uses. August 10, 2015,  article. Shortly afterward, Amarin and the government entered settlement talks. August 31, 2015 update. We are now able to report that on March 8, … Continue reading

All aboard? Possible changes to country of origin food labeling in Australia

The Department of Industry, Innovation and Science (DIIS) is currently calling for submissions from food industry stakeholders in response to a consultation paper which has the potential to change significantly the framework governing food labeling requirements in Australia. This update discusses possible changes to food regulation, including through the introduction of a requirement for labels … Continue reading

Social media campaigns and lobbying

GAO finds EPA violated law On December 14, 2015, the General Accounting Office found that a portion of the Environmental Protection Agency’s social media campaign violated federal laws relating to propaganda and anti-lobbying. Because the laws also affect government contractors, the GAO findings may be of interest, especially since they are similar to Federal Trade … Continue reading

Gobble Inc.’s (not so) “eco-friendly” claims discontinued

California-based meal delivery service Gobble Inc. made some changes to its advertising, just in time for Thanksgiving. On November 18, 2015, the National Advertising Division (NAD) of the Council of Better Business Bureau announced that Gobble agreed to discontinue certain “eco-friendly” claims made regarding its packaging materials and business. As part of the NAD’s ongoing … Continue reading

Kim Kardashian posts corrective ad on Instagram

Kim Kardashian is promoting Diclegis® on social media once again.  But this time, she is posting about the drug to correct her prior actions. On August 12, we discussed Kim Kardashian’s Instagram and Facebook post in which she discussed the drug Diclegis® and the positive effect that she claims it has had on her morning … Continue reading

Amarin, FDA talking settlement

In a letter dated August 28, an attorney representing Amarin Pharma, Inc. advised the judge overseeing Amarin’s case against FDA, that “The parties have agreed to explore the possibility of settlement of this matter.” In our recent post, we analyzed U.S. District Judge Paul Engelmayer’s August 7th decision granting Amarin’s motion for preliminary injunction against the … Continue reading

Jim Beam(ing) over dismissal of class action

On August 21, the U.S. District Court for the Southern District of California dismissed a putative class action lawsuit alleging that Beam Suntory falsely advertises its Jim Beam bourbon as “handmade.” Order of Dismissal, Scott Welk v. Beam Suntory Import Co. and Jim Beam Brands Co., Case No. 15-cv-328 (S.D. Cal. Aug. 21, 2015). The … Continue reading

FTC releases unfair methods competition policy

On August 13, the Federal Trade Commission issued a Policy Statement outlining – for the first time ever – its approach to policing “unfair methods of competition” under Section 5 of the FTC Act.  While the Statement invokes familiar antitrust principles, it offers no specific guidance as to how the FTC will apply the broadly … Continue reading