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Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

May 12, 2021

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

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Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

May 12, 2021

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

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Blog

The 2010s – the Digital Advertising Frontier

In the 2010s, the confluence of social media and digital advertising generated two new issues in advertising law: the use of influencers for marketing and the propriety of native advertising. Both the FTC and NAD provided guidance on these emerging issues during NAD’s fifth decade of work in ad law.
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Blog

Self-Regulation Is a Tool to Mitigate Litigation

Independent industry self-regulation, when developed and implemented properly, is a powerful tool for enhancing consumer trust in business and protecting consumers. And as we emerge from the reduced trust in government wreaked by the COVID-19 pandemic, it is time for independent industry self-regulation to help solve vexing business problems. In-house counsel can play an important leadership role in those efforts.
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Blog

Is Your Business Ready for Consumer Data Privacy Requests?

Businesses face many common pitfalls as they prepare to handle consumer privacy requests. They may be referred to as “data rights,” “data subject rights” (DSRs), or “data subject access rights” (DSARs). No matter what they are called, there are consistent themes in the best practices and pitfalls inherent in these essential elements of any privacy program.
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Blog

Three Strategies for Making the Most of a Mediated Settlement

Over the years, we have learned that success in mediation comes as much from utilizing emotional intelligence as it does from knowing the nuts and bolts – and the legalities – of the mediation process. This blog outlines three strategies for making the most of a mediated settlement.
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Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

May 12, 2021

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

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Media Inquiry