The FDA’s final rule for Direct-to-Consumer Prescription Drug Advertisements (released on November 21, 2023) will certainly impact the creative decisions agencies will make about how to structure the agency refers to as the “major statement” or the dual modality of presenting in a balanced or “neutral” manner the drug’s benefits and risks in visually clear, […]
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The Consumer Financial Protection Bureau (CFPB) has proposed a rule to define a market for general-use digital consumer payment applications. Larger participants in this market would be subject to CFPB supervision and examination authority under the Consumer Financial Protection Act (CFPA). The proposed market would cover providers of funds transfer and wallet functions through consumer […]
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The Federal Trade Commission (FTC) issued a new staff paper in conjunction with their open Commission meeting that recommends that advertisers, social media influencers, and others who market or promote products online to children should avoid blurring advertising by clearly separating advertising and entertainment, educational, and other content to help limit potential negative effects to […]
Read more The Federal Trade Commission (FTC) announced on June 30th a new notice of proposed rulemaking (NPRM) that attempts to stop marketers from using illicit or deceptive review and endorsement practices. This proposed rule aims to protect consumers seeking genuine feedback on products and services while promoting fairness for honest businesses. Any agencies or their clients […]
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The California Superior Court in Sacramento issued a court order on June 29 providing for a postponement of the enforcement of final California Privacy Rights Act (CPRA) regulations for 12 months until after the regulations were finalized (i.e. March 29, 2024). This order affects 12 of the 15 areas of the CPRA for which rulemaking […]
Read more The Federal Trade Commission (FTC) issued updates on June 29, 2023 to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) and updated its practical business guidance “FTC’s Endorsement Guides: What People are Asking” (“Business Guidance”). Last updated in 2009, the final revisions to the Endorsement Guides feature several key additions addressing technological changes in […]
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📢 Don’t miss our webinar! 🌟 New & Updated Privacy Laws – What Agencies & Publishers Need to Know 🗓️ Tuesday, June 22, 2023 ⏰ 12:00 pm – 1:00 pm ET We will dive into the latest developments in consumer data privacy laws and their impact on advertising agencies and publishing businesses. Discussion Topics: ✅ […]
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The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking intending to strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts, in addition to strengthening callers’/texters’ obligations to honor such requests in a timely manner. The Telephone Consumer Protection Act (TCPA) restricts callers from making robocalls and robotexts unless they have received […]
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The Federal Acquisition Regulation Council (“FAR Council”) published an interim rule on June 2 prohibiting federal contractors from using TikTok on government devices, The rule specifies that the ban on TikTok and other ByteDance-developed services “applies to devices regardless of whether the device is owned by the government, the contractor or the contractor’s employees,” including “employee-owned devices […]
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On May 30, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo sent a memo to all Regional Directors, Officers-in-Charge, and Resident Officers, deeming that the act of extending, maintaining, and enforcing of non-compete provisions in employment contracts and severance agreements seemingly violates the National Labor Relations Act (NLRA) except in limited circumstances. NLRB General Counsel Abruzzo’s […]
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