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Decision

National Advertising Division Recommends Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product

New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.

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Decision

National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin

New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin. 

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Decision

In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products

New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.” 

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Decision

National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies

New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

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Press Release

BBB National Programs Appoints Amy Steacy as General Counsel, Promotes New Leaders in Children’s Food and Beverage Advertising and Global Privacy

McLean, VA – June 4, 2024 – BBB National Programs announced the appointment of Amy Steacy as General Counsel. Additional leadership promotions include Daniel Range as Vice President of the Children's Food and Beverage Advertising Initiative (CFBAI) and Dr. Divya Sridhar as Vice President, Global...

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Press Release

Companies Agree to Expand School Coverage under the Children’s Food and Beverage Advertising Initiative Core Principles

McLean, VA – May 2, 2024 – Twenty-one of the nation’s leading food, beverage, and quick serve restaurant companies have agreed to strengthen their voluntary commitments for responsible food advertising to children under the Children’s Food and Beverage Advertising Initiative (CFBAI) Core Principles.

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Press Release

BBB National Programs Issues Compliance Warning for Use of AI in Child-Directed Advertising and Data Collection

McLean, VA – May 1, 2024 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today issued a new compliance warning on the application of CARU’s Advertising and Privacy Guidelines to the use of Artificial Intelligence (AI), putting advertisers, brands, endorsers, developers, toy manufacturers, and others on...

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Press Release

BBB National Programs Applauds Today’s Launch of the Global CBPR Forum, Strengthening Commitments to International Data Privacy

McLean, VA – April 30, 2024 – BBB National Programs applauds the work of the Global CBPR Forum members, including the U.S. Department of Commerce, to launch the Global Cross Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) certification systems, a key development in...

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Blog

Old MacDonald Had an Engagement Farm: Lessons Learned from FTC v. NGL

Capturing user engagement is the foundation of internet commerce. And while the incentives to prompt greater engagement are certainly understandable, the recent NGL Labs case from the FTC raises important questions about the ethical and legal ramifications when companies try to artificially generate engagement among their userbase.
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Blog

Independence Day Edition: CBPR Framework Offers “Checks & Balances”

Going, Going, Gone Global, a webinar on the CBPR Global Forum, delved into how privacy impacts businesses’ brand reputation and builds trust with key stakeholders, discussed the purpose of the Global CBPR, and its value to Global Forum members.
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Blog

Industry Self-Regulation: Part of the Solution for Governing Generative AI

The spotlight on generative AI remains bright. The benefits and risks continue to be ever-present in the minds of business and political leaders. No matter the timing or the setting, the creation of transparency, accountability, and collaboration among stakeholders is key to successful industry self-regulation as is the importance of setting standards and best practices.
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Blog

The Demise of “Chevron Deference”: Who Will Fill the Regulatory Gaps?

The Supreme Court's 1984 ruling in Chevron v. NRDC held that courts should defer to federal agencies’ interpretations of ambiguous federal laws so long as those interpretations are reasonable. So given the court’s decision to overturn it, where does that leave companies that want a level playing field and perhaps even to raise the bar, instead of racing to the bottom?
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Podcast

Likely to be Accessed: Do You Know Who Your Users Are?

Join us for this episode of Priv, where Dona Fraser is joined by Phyllis Marcus to discuss the broad operational, financial, and logistical impacts and challenges of trying to protect both children and teens online under the same laws and regulations. 

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Podcast

Ad Watchers: Clear and Conspicuous Disclosures: Can You Read the Fine Print?

From small fonts to fast talking and distracting music, our hosts revisit this common issue area in advertising law, discuss what it takes for a disclosure to be considered clear and conspicuous, and share some lessons learned from a series of advertisements, both print and in TV commercials, that didn’t quite meet the clear and conspicuous standard. 

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Podcast

Breaking Down AdTech: Cookies and Pixels and SDKs, Oh My!

This episode of Priv breaks down the most talked about issues in the adtech space, including the impact of the death of the cookie, the focus of regulators on the newest kid on the block - the pixel, lessons learned from recent SDK legal cases, what all of this looks like for children and teens, and what the legislative and regulatory road ahead looks like.

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Podcast

Ad Watchers: The best subject in advertising law: Is it puffery?

For this episode of Ad Watchers, join us for Eric’s favorite ad law topic: puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis?

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Media Inquiry