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

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. 

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. 

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.

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?