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Articles Posted in Advertising

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“Bad Internet?”: Disparaging and Unsubstantiated Claims in Comparative Advertisements

On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several express and implied claims that were disparaging and/or unsubstantiated regarding T-Mobile’s home internet service, T-HINT,…

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Marketing in the Metaverse: Sponsorship Contracts for Stadiums, Arenas and Other Venues

Every year professional sports franchises introduce new marketing tactics and sponsorship models to increase their revenue streams—new gear, new placements for logos in stadiums/arenas and on jerseys, not to mention an array of online engagement opportunities. As the concept of the Metaverse becomes more established in the minds of fans,…

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Second ’Verse, Same as the First: Advertising, Influencing and Disclosure in the Metaverse

Back in the day when I rushed home after school to play The Sims, I would have never imagined that one day I would actually become a Sim… Of course, it turns out The Sims—and games like it—have always been an early, somewhat limited iteration of what is now popularly…

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How Far Is Too Far When Marketing Your Product for COVID-19?

Society is driven by word-of-mouth endorsements. Likewise, it’s instinctive to share self-prescribed remedies that alleviate our various ailments. A colleague recommends ginger tea for a cold. A friend tells you how lavender essential oil helps with anxiety and insomnia. We habitually rely on such recommendations. However, a business making such…

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Esports and Gaming in the Time of COVID-19

March often marks a new beginning—not just by Mother Nature—but also in sports. In the U.S., March brings the excitement of the NCAA tournament, Spring Training for Major League Baseball, and the ever-tightening playoff races for the NBA. Yet, as the coronavirus has become a global pandemic, traditional sports of…

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The FTC, Kidfluencers and the Looming Challenge of Child-Proof Disclosures

By now, most people know that advertising on social media requires certain disclosures so as to avoid the ire of the Federal Trade Commission (FTC), which is tasked with protecting consumers from fraudulent, deceptive and unfair business practices. FTC rules concerning advertising on social media track the basic rules of…

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UK Privacy Regulator Takes Aim at the AdTech Industry

The UK Data Protection Authority, the Information Commissioner’s Office (ICO), has published an update report on privacy issues around real-time bidding (RTB) and programmatic advertising. The report is a progress update on the ICO’s investigation into the AdTech industry, which it says is one of its regulatory priorities. The ICO…

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Like the FTC Before It, the UK’s Competition and Markets Authority Puts Influencers on Alert

Be clear. Be open. Be upfront. That’s what influencers need to do to build a following. But those same standards could just as easily describe the legal guidelines applicable to influencers Fall short, and influencers may violate the law. As we’ve chronicled on this blog, influencers in the United States…

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When Do the Perils of Programmatic Advertising Undermine Its Value?

#FakeNews is hurting more than political campaigns. Companies’ hard-earned reputations may be on the line when their ads pop up next to fake news stories and offensive YouTube videos. Last year, major brands found their ads appearing in videos promoting extremist views and hate speech. JPMorgan Chase learned that it…

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The Selfish Side of Self-Reporting: Should We Trust the Numbers Behind Music Streaming?

Music consumers love streaming services. The data surrounding subscriptions and revenue tells us so. Largely self-reporting systems, however, have made it more complicated to quantify that success. Can we trust companies to embrace transparency when their own interests rely so much on the numbers they are reporting? Cue Tidal, a…