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#PlaybytheFairUseRules

As the song from Annie goes, “You’re never fully dressed without a smile.” But one company wasn’t smiling so much this week when a California federal court granted an injunction against them for using a competitor’s hashtag in social media posts.

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Addie Johnson
Call for Backup: Substantiation in Advertising Claims

What is substantiation? It’s not what we do the day after we have ice cream sundaes for dinner (that’s rationalization). It’s what advertisers should do every time they make a claim about a product or service. Whether you are advertising its effectiveness, purpose, price, or any other attribute – if you claim it, you need data to back it up.

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Addie Johnson
A What Not to Do List

In a recent lawsuit against a Puerto Rican business owner (and his eight companies), the FTC found multiple ROSCA violations. The business sold skin care products using the “risk-free” trials for products sold in pairs which consumers believed would cost them “just $4.95” to evaluate over a 2-week period.

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Addie Johnson
Here Comes Generation Alpha

There are lots of scary headlines lately but this one may be the scariest yet: Here Comes Generation Alpha. The name is what it implies – move over Millennials, Alphas are the new, well, alphas, when it comes to who is making household purchasing decisions.

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Addie Johnson
Ooh La La…GDPR Fines Google Beaucoup

France’s data protection regulator (CNIL) found that Google was not sufficiently transparent about the use of personal information from its users and didn’t obtain specific consent from users to use that data for ad-targeting purposes, among other claims.

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Addie Johnson
Best in Show: Five February Ad Law Headlines

While February is the shortest month (and for us Richmonders, the one with the strangest weather), it was not without an abundance of advertising law updates and headlines.  Below, I’ve summarized my top Five for February, although there was so much content that it was hard to just pick five). In the interest of space and attention span, I’ve narrowed it down. Time to March on.

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Addie Johnson
The Toys are Listening (even if your kids aren’t)

Everyone wants to give the latest and greatest toy or gadget to their children for the holidays. When I was 10, it was a Cabbage Patch Kid, and now with most ten-year old’s it’s something that starts with an i. But beware, parents – while smart toys may have lots of appeal, they may not be safe.

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Addie Johnson