United States: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
FTC Secures Auto Dealership Settlement Over Alleged Deceptive Pricing Practices
The Federal Trade Commission has secured a settlement with an auto dealership group over allegations of deceptive pricing practices, including advertising vehicles thousands of dollars below actual purchase prices and using misleading prize promotions. The proposed order would require prominent disclosure of total vehicle prices and prohibit misrepresentations concerning pricing, financing, and promotional incentives.
United States Consumer
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
The Ad Standard: Monthly Update - October 2026
Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.
United States Media & IT
ST
Simpson Thacher & Bartlett
Article
CONSENT, NOW STARRING HOLLYWOOD: Telecom Wrote This Playbook, Hollywood’s Just Reading It
California and New York have enacted laws requiring disclosure when AI-generated performers appear in advertisements, while SAG-AFTRA negotiated contract language limiting studios' use of synthetic actors. These developments mirror consent and disclosure frameworks that have governed telecommunications and privacy law for years, raising questions about whether opt-out regimes or upfront consent models provide more effective protection.
United States Media & IT
Troutman Amin LLP
Article
California Requires Disclosure Of AI-Generated People In Advertising
California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.
United States Media & IT
FH
Foley Hoag LLP
Article
FTC Asks Whether Platform Ad Tools Fuel Impersonation Scams
The Federal Trade Commission is exploring whether digital platforms should bear greater responsibility for preventing impersonation ads that falsely pose as legitimate businesses or government agencies. Through an Advance Notice of Proposed Rulemaking, the agency seeks public input on potential amendments to its existing Impersonation Rule, examining how ad-optimization tools and platform practices...
United States Consumer
GT
Greenberg Traurig, LLP
Article
When One Statute Closes, Another Opens: How CIPA Plaintiffs Are Shifting To The Wiretap Act, VPPA, And Florida’s FSCA
For three years, the California Invasion of Privacy Act has been the engine driving website-tracking litigation. If your company’s website runs Google Analytics, a Meta or TikTok pixel, a session-replay tool, or a live chat widget, you might have received a lawsuit or demand letter alleging these ordinary web tools amount to illegal “wiretapping” or “spyware.”
United States Privacy
JM
Jeffer Mangels & Mitchell LLP
Article
Is This Packaging A Trick Or A Treat?
A federal court in Florida dismissed a false advertising lawsuit against Hershey over Reese's Peanut Butter Pumpkins packaging that showed carved jack-o-lantern faces, while the actual products lacked these decorative features. The court ruled that consumers failed to demonstrate concrete economic injury, finding their claims amounted only to subjective disappointment rather than actionable harm.
United States Media & IT
FK
Frankfurt Kurnit Klein & Selz
Article
California Governor Vetoes Labeling Bill, Cites Hardships To Producers In The State
California Governor Gavin Newsom vetoed AB 2253, legislation that would have strengthened the state's greenwashing protections through additional labeling requirements for products claiming recycled content. The veto comes amid concerns about regulatory complexity and timing, as California already maintains some of the nation's strictest requirements on recyclability claims while facing legal challenges to existing environmental product stewardship programs.
United States Environment
BC
Bergeson & Campbell
Article
Loot Box Litigation Intensifies As Valve Fights Gambling Claims
Gaming companies face mounting legal challenges as plaintiffs argue that loot box systems constitute illegal gambling under state law. The dispute centers on whether randomized in-game rewards with real economic value cross the line from traditional mystery products into regulated gambling territory, with courts now weighing arguments that could reshape the industry's most controversial monetization practice.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Video
Keeping Pace With Modern Marketing: Practical Legal Risk Mitigation In The Age Of AI And Influencers (Video)
Arnold & Porter's Consumer Products & Retail Industry Group presents a webinar exploring how companies can navigate the complex intersection of AI-driven marketing features and influencer partnerships. The session addresses critical risk management strategies for modern consumer marketing, from claim substantiation to third-party content oversight. Attendees will gain actionable insights on balancing compelling brand narratives with regulatory compliance in today's fast-paced digital landscape.
United States Media & IT
AP
Arnold & Porter
Article
Buc-ee's Trademark Enforcement Backlash: Can Aggressive Enforcement Create Brand Risk?
Buc-ee's aggressive trademark enforcement against a small Ohio convenience store has sparked national backlash, raising critical questions about when protecting legal rights begins damaging brand reputation. The case illustrates how enforcement actions can amplify the very threats they aim to suppress, transforming obscure defendants into sympathetic underdogs while generating boycotts, political criticism, and reputational harm that may exceed the original business risk.
United States IP
K
Klemchuk
Article
When Is A K An N? New Balance Takes On Decathlon In Footwear Trade Mark Dispute
New Balance has filed a trade mark infringement lawsuit against Decathlon over a logo used on KIPRUN running shoes, claiming the mirrored device creates confusion with its iconic N mark. The dispute raises critical questions about how consumers perceive brand identifiers in real-world contexts, particularly when logos appear differently depending on viewing angle and product placement.
United States IP
M
Murgitroyd
Article
Look Alive!: New NPRM Seks To Change TCPA Rules On Two-Way Texting, Revocation And Affiliates
The FCC has released a new Notice of Proposed Rulemaking that could fundamentally reshape TCPA compliance requirements for businesses. The proposal addresses critical issues including shortened opt-out timeframes, mandatory two-way texting capabilities, "revoke all" mechanisms, and clarification on how revocation requests apply across affiliates and business divisions.
United States Media & IT
Troutman Amin LLP
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