Insights on Advertising & Promotions

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

ArentFox Schiff is pleased to announce that 15 attorneys have been recognized in 2025 Lawdragon 500 Leading Global Entertainment, Sports & Media Lawyers, denoting legal prowess that matches “the imprint of their client’s global reach.”

For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they recently prevailed on a motion to dismiss.

California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a legislative overreach to regulate social media.

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas such as trade, tariffs, and immigration, which will profoundly affect global supply chains and labor dynamics.

In a recent decision, the BBB National Programs’ National Advertising Division (NAD) took issue with social media content posted by influencers engaged by Revolve Group, Inc. and recommended that the company provide more robust and prominent guidance to its influencers on compliance with the Federal Trade Commission’s (FTC) Endorsement Guidelines.

Consumer protection wins again! The Federal Trade Commission (FTC) announced a final order settling its complaint against Rytr LLC, an artificial intelligence (AI) writing assistant tool that was capable of producing detailed and specific false product reviews using AI technology.

The Federal Trade Commission (FTC) will hold an informal hearing at 1:00pm EST on January 17, regarding the proposed amendment to its existing impersonation rule.

On January 3, the US Surgeon General issued an advisory on the association between alcohol and the risk of cancer. The alcohol beverage industry has swiftly responded highlighting conflicting studies and federal guidelines.

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

Are you sure that “Made in the USA” food product you just bought is truly American-made? This question is becoming increasingly pertinent in today’s global marketplace.

In an era in which fake reviews run rampant and artificial intelligence (AI) can craft countless deceivingly realistic product reviews with minimal effort, the Federal Trade Commission (FTC) has taken a bold step forward for truth in advertising.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union.

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”

The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property.

ArentFox Schiff is pleased to announce that Firmwide Managing Partner Brian Waldman and Partner Caroline Turner English have been named to the BTI Client Service All-Stars 2024, independently researched, client-driven ranking of attorney client service.

ArentFox Schiff is pleased to announce the addition of 17 attorneys and specialists, including eight partners and three counsel, to its Boston office, expanding the firm’s nationally recognized Technology, Life Sciences, Intellectual Property, and Complex Litigation services.

The Federal Trade Commission (FTC) filed a complaint against Williams-Sonoma, the parent company of Pottery Barn and PB Teen.

The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule.

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the consumer products industry this year.

Following a marked increase in impersonation attempts using artificial intelligence (AI) – of both real and fictitious individuals – the Federal Trade Commission (FTC) is seeking public comments on proposed changes to a recently finalized Trade Regulation Rule on Impersonation of Government and Businesses (Impersonation Regulation).

The sports industry experienced a year of considerable change in 2023, presenting new opportunities for athletes, team owners, and corporate sponsors.

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant companies that survived the pandemic posted record numbers.