United States: Advertising, Marketing & Branding

The Seventh Circuit has issued a landmark ruling that a text message does not constitute a "telephone call" under the TCPA's Do Not Call provision, marking the first federal appeals court to squarely address this question in the post-Hobbs Act deference era. While this decision provides meaningful relief for SMS marketers in certain jurisdictions, its scope is carefully limited and leaves the TCPA's consent-based provisions fully intact. The decision signals a broader shift in how courts will interpret deca

Producers and users of plastic and paper packaging sold into California had been preparing for a compliance deadline of October 4, 2026, by which they had to remove any chasing arrows or recyclable statements...

Washington state's amended Commercial Electronic Mail Act introduces a knowledge requirement for misleading subject line claims and reduces statutory damages, but retailers and consumer-facing businesses still face significant litigation risk. The amendment changes how plaintiffs must prove violations while leaving intact the broader framework that has made CEMA an attractive vehicle for class action lawsuits targeting email marketing practices.

The Federal Trade Commission has intensified enforcement of "Made in USA" claims, issuing warning letters in July 2026 to companies making unsubstantiated domestic origin claims and pursuing legal action against manufacturers across multiple industries. This enforcement sweep raises critical questions about supply chain transparency, the adequacy of final assembly as proof of domestic origin, and the scope of claims subject to FTC scrutiny, including social media hashtags.

Given the changes in the advertising world concerning media buying over the past decade, it is somewhat surprising to see that in a recent survey, nearly 40% of client-side marketers said they either have not updated...

Last year, the firm warned that the Washington Supreme Court’s decision in Brown v. Old Navy1 significantly expanded the scope of Washington’s Commercial Electronic Mail Act (CEMA), exposing businesses...

Two 2026 decisions show courts using the “reasonable consumer” standard to dismiss omission-based consumer fraud class actions at the motion to dismiss stage. Manufacturers and brand owners facing similar claims should take note: these decisions confirm that proactive challenges to implausible consumer interpretations can be dispositive before costly discovery begins.

As artificial intelligence rapidly advances its ability to create realistic deepfakes of political figures, a complex patchwork of state laws has emerged to regulate their use in campaign advertising. Organizations seeking to leverage AI-generated content in political messaging must navigate over 30 different state regulatory frameworks, each with distinct requirements for disclaimers, prohibitions, and enforcement mechanisms that could expose them to penalties ranging from fines to felony charges.

Overruling a decision of the U.S. Supreme Court from 1935, the U.S. Supreme Court decided yesterday that the President has the authority to fire FTC Commissioners at will. In a 6-3 decision, the Court held...