Nov 28, 2023 EU to Ban Carbon Offset Claims Entirely? By Chris Cole Responding to pressure from activists who have argued that “[c]arbon neutral claims are greenwashing, plain and simple,” the European...
Nov 22, 2023 FINRA Acts to Update its Advertising Rule By Susan Light The Financial Industry Regulatory Authority filed a proposed rule change with the Securities and Exchange Commission on November 13,...
Nov 07, 2023 SEC Division of Examinations Publishes 2024 Priorities: Spotlight on Investment Advisers and Broker-Dealers By Adam Bolter On October 16, the Securities and Exchange Commission's (SEC) Division of Examinations (Division) published its examination priorities...
Nov 01, 2023 Foreign Corruption in Advertising Markets: A Large and Looming Concern By Chris Cole In late October, Shanghai police reportedly raided the offices of WPP subsidiary, Group M, based on allegations of bribery in the...
Oct 11, 2023 FTC Proposes Rule to Ban 'Junk Fees' By Chris Cole The FTC has proposed a rule to ban so-called “Junk Fees,” which, if enacted as proposed, would affect numerous industries, ranging from...
Oct 04, 2023 The Carbon Claims Pincer Movement By Chris Cole In response to litigation about carbon neutrality claims, many corporations and asset managers have been inclined to go silent, that is,...
Sep 22, 2023 California Lawsuit Launches Massive Climate Change Lawsuit Against Major Oil Producers and Their Trade Association By Chris Cole On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their...
Sep 22, 2023 Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims By Chris Cole The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising...
Sep 21, 2023 Oral Phenylephrine — Cue the Lawsuits By Chris Cole On September 12, an FDA Advisory Committee unanimously recommended that oral phenylephrine, the active ingredient in numerous popular...
Sep 21, 2023 Thoughts from the National Advertising Division (NAD) Annual Conference, 2023 By Chris Cole The annual legal conference for the National Advertising Division of the Better Business Bureaus National Programs (NAD) took place over...
Sep 12, 2023 Copyright Office Holds That 600+ Prompt Iterations Are Not Enough 'Human Authorship' for Registration of GenAI Artwork By Michael Justus On September 5, 2023, the U.S. Copyright Office Review Board affirmed the Copyright Office’s refusal to register a digital artwork...
Aug 21, 2023 Key Questions Remain After 'Autonomous' GenAI Work Denied Copyright Protection by Federal Court By Michael Justus On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Copyright Office,...
Jul 19, 2023 District Court Denies Nestle's Motion to Dismiss False Advertising Class Action Based on Alleged Child Labor in Cocoa Supply Chain By Chris Cole Late last week, the United States District Court for the Southern District of California denied a motion to dismiss a putative class...
Jul 13, 2023 "Aspirational" claims: an alternative to greenhushing? By Chris Cole Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach...
Jun 27, 2023 FTC Secures $18.5 Million Settlement and Order In Another 'Dark Patterns' Case By Chris Cole On the heels of its lawsuit against Amazon.com, the FTC filed a complaint yesterday against PCH, the marketer behind the venerable...
Jun 26, 2023 Want to Be a Hero to Your Company? ANA Report on Programmatic Ad Fraud and Digital Ad Waste Suggests How By Chris Cole Between sips of rose at the Cannes Lions Awards in France this week, the ANA revealed a blockbuster report that shames the programmatic...