Tag Archives: advertising

FTC Targets Drug Personal Injury Ads in Warning Letters

Posted in Advertising Issues, FTC
Last week the Federal Trade Commission announced that it sent multiple warning letters about television advertisements soliciting clients for personal injury lawsuits against drug manufacturers.  While not identifying specific ads, the FTC provided some guidance around the kinds of advertisements that it thought may have crossed the line, and suggested language that similar ads should… Continue Reading

FTC Sends (Another) Warning That Endorsers Must Disclose Connections to Products, Brands, or Services in Any Form of Media

Posted in Advertising Issues, Broadcast Regulation, Contests
When thinking about the regulations they must comply with, most broadcasters focus primarily, if not exclusively, upon the Federal Communications Commission (FCC). But there is at least one other federal agency that deserves attention, and that is the Federal Trade Commission (FTC). This is particularly true when endorsements, contests, and other marketing activities are in… Continue Reading

FTC Workshop Shines Additional Light on Need for Effective Disclosures

Posted in Advertising Issues, Program Content
At a recent Federal Trade Commission (FTC) workshop, the focus was squarely on how advertisers and marketers should ensure the effectiveness of consumer disclosures, particularly on new digital platforms. Terming the topic one of “exceptional importance” that has been under study for more than one hundred years, FTC Chairwoman Edith Ramirez opened the workshop by… Continue Reading

Third Month of the Year Craziness Contest! Be Careful to Avoid Trademark Issues when Conducting Contests

Posted in Advertising Issues, Contests, First Amendment, Trademark
As college basketball play-off season and the Super Bowl approach, we thought it a good time to remind broadcasters about the trademark issues that often crop up in contests this time of year.  Contests related to March Madness and the Super Bowl are popular, but the use of the proper names of these sporting events… Continue Reading

Breaking News (or not)! Broadcaster Agrees to Six Figure Penalty For Car Ads Allegedly Styled As News Reports

Posted in Advertising Issues, Broadcast Regulation, Program Content
A Las Vegas broadcast station paid a $115,000 penalty for not disclosing that purported “Special Reports” were actually paid announcements, a serious violation of the FCC’s sponsorship identification rule. In 2009, the station produced and broadcast so-called “Special Reports” on liquidation sales at local car dealerships.  The commercials featured a station employee posing as a… Continue Reading

FTC to Advertisers and Media: Make Adequate Disclosures, Otherwise Face Potential Enforcement Actions for “Deceptive” Ads

Posted in Advertising Issues, Broadcast Regulation
Federal Trade Commission (FTC) staff have been making the rounds to remind advertisers and media outlets how important it is to make adequate disclosures in ads, including during a marketing law conference that members of Wiley Rein’s media group attended earlier this month.  This follows the launch in September of the FTC’s “Operation Full Disclosure,”… Continue Reading

Lose 20 Lbs in One Week Without Diet or Exercise!* (FTC Promulgates New Tool for Spotting False Claims)

Posted in Advertising Issues
Just in time for bathing suit season, the Federal Trade Commission recently updated its advice to broadcasters about how to spot false claims in weight loss advertisements.  The FTC’s hope is that broadcasters will “think twice” before airing ads that seem too good to be true. After consulting with scientists, the FTC compiled a list… Continue Reading

Can Radio and Television Stations Run Ads for Online Gambling Operations? It Depends…

Posted in Broadcast Regulation, Contests, First Amendment, Legislation
Today, advertisements for brick-and-mortar casinos provide significant revenue streams for broadcasters across the country.  Such was not always the case.  Just over a decade ago, the federal broadcast lottery statute – 18 U.S.C. §1304, as amended by 18 U.S.C. §1307 – prohibited the broadcast of casino-related advertisements by broadcasters located in a state that had… Continue Reading