Is It "Au Naturale" or "Oh, Not Natural?": FTC Comes Down on 100% Natural Claims
You can buy almost any product that is "all natural" -- skin cream, soap, shampoo, cleaners, grass seed, bug repellent, pet spray, even hair loss treatment. These products go by monikers such as "Pure Naked", "Lush", "ONO", "Nature's Miracle" and many "Dr. so-and-so's". Natural products are certainly not new...
Having Fun with the Yankees (Or at Their Expense): Opening Day Edition
Marketing is supposed to be fun. And by golly, the folks at HBO are circling the bases by taking on sport's most esteemed franchise, the New York Yankees. I'm talking about Comedian John Oliver's "I Have Never Sat In A Premium Location" contest. If you haven't heard about it...
Sweepers - Trying to Clean Up with Sweepstakes Prizes
By rough estimate there are over 20,000 people out there who devote their livelihood to extreme "sweepstaking." These dedicated denizens of the promotion world scour the Internet and newsletters in search of fame and fortune. They go by monikers such as "Mr. Sweepy" and "Grand Master Sweeper." Statistics show...
Where'd You Get That Dress? FTC Dresses Down Lord & Taylor Native Advertising
This week the FTC settled charges against Lord & Taylor from alleged deceptive native advertising during its March 2015 Design Lab social media campaign. http://1.usa.gov/22h3sJ7 A big takeaway from this settlement is the FTC's position that a company not only has to comply with the Native Advertising/Endorsement disclosures on...
Cause Marketing Lessons from the Wounded Warrior Project Scandal
Your company just made a major announcement that it is partnering with a charity that you now find is involved in a scandal. What can you do? The recent ousting of The Wounded Warriors Project CEO and COO amid allegations of lavish spending on travel, conferences and public relations...
What's a Prize? Illinois Federal Court Holds In-App Purchases for a Chance to Win Enhanced Game Play Is Not Illegal Gambling
Recently, the US District Court for the Northern District of Illinois dismissed a putative class action lawsuit claiming that the online game Castle Clash involved illegal gambling because players could make in-app purchases to win "Heroes", "gems", "shards" and "Honor Badges" to enhance their gaming experience. I think I...
Did Peyton Manning Go One Pitch Too Far? (Native Advertising at the Super Bowl)
We all know Peyton Manning – he's a professional pitcher: for Papa Johns, DirecTV, Buick, and Gatorade, among others. He's also a professional quarterback. But did his post-Super Bowl pitches for Budweiser and Papa John's go too far. As you may recall loyal followers of this blog, I wrote...
You Lost the Race, But You May Have Hit the Lottery: NY Road Runners' Illegal Lottery Lawsuit
What is it with New York these days; it's a boon for promotion lawyers. First, the Attorney General says daily fantasy sports are illegal gambling and now disgruntled marathoners are claiming that the organizers of the NYC Marathon run an illegal lottery. On January 21, 2016, two guys from...
Do I Need the Horse's Permission to Take its Picture for a Contest?
The Guardian reported on February 2 that the owner of a horse who was in a winning contestant's selfie claims that she should share in the contest prize because the winner did not get her permission to take her horse's picture. Unknown if the horse gave permission, I can't...
Get Yer Bets in on Iowa: Legal Political Prediction Gambling
Did you know that you can legally trade futures contracts on whether Trump tanks in Iowa or Sanders soars in New Hampshire? Two not-for-profit "stock" markets allow online trading – with real money – on a political prediction market. The Iowa Electronic Markets (IEM) and PredictIt are online not-for-profit...
Government to Citizens: Powerball Good/Daily Fantasy Sports Bad
What's good for the goose isn't always good for the gander. 44 states are selling legal lottery tickets to hopeful citizens with the 1 in 292.2 million chance of becoming a billionaire. (For those keeping score, you can't play Powerball in AL, AS, HA, MS, NV and UT.) At...
I Said Your Product was Great, Now Gimme a Prize: The FTC Enforces Its Endorsement Guidelines
Yesterday, the FTC settled a deceptive advertising lawsuit against the creators and marketers of the Lumosity "brain training" program . For those of you not smart enough to know, the "brain training" program claimed to not only boost your performance at work or school, but also slow down those...
“All Profits to Charity” – How Much is That? A Brief Commercial Co-venture Lesson
You've heard this sales pitch before. Its cousins are "A percentage of proceeds to charity" and "A portion of the proceeds to charity". Do you really know how much will be donated? The short answer is no. I've read estimates that net profits on a pizza pie are typically...
I'm About to Deliver on 1/1/16 - Where Can I Get the Best Prizes?
On December 22, in my blog on the Miss Universe debacle , I related the story of the mother of baby Yuki Lin who was awarded $25,000 for giving birth at the stroke of midnight on New Year's Day 2007 after temper tantrums arose over the fairness of the...
Show Me the Money - When Taxes Can Turn Your Dream Home Into a Nightmare
It's that time of year again, the 20th annual HGTV Dream Home 2016 Sweepstakes began December 29th. As the sponsor of this promotion has recognized, winning a mansion could put you in the dog house when you are socked with a hefty tax bill. I've written about this issue...
Cause Marketing by the Numbers - What's In It for Me?
There is a common belief that corporations must do everything with an eye to producing profits for shareholders. But that is not so. In fact, in its opinion in the Hobby Lobby case, the U.S. Supreme Court stated: "Modern corporate law does not require for-profit corporations to pursue profit...
Another One Bites the Dust - Daily Fantasy Sports Update
On Wednesday, the Illinois Attorney General declared daily fantasy sports illegal under Illinois gambling law. The AG Lisa Madigan gave her opinion in response to a request from two legislators who are pushing to legalize this activity. Interestingly, the AG believed the issue of whether it is a game...
FTC Addresses Nativ(ity) Advertising Just in Time For Xmas
On Tuesday, the FTC issued an Enforcement Policy Statement on Deceptively Formatted Advertisements -- a/k/a "native advertising", along with guidelines for businesses . Simply put, native advertising is generally advertising that takes the form and style of the platform in which it appears in order to promote a product...
The Super (oops) “Big Game” Sweepstakes Are Starting – Watch What You Say
"Game Time Gold", "Ultimate Football Experience", The "Big Game" Sweepstakes, the "Special Teams" Sweepstakes, and the "Big Game Giveaway" are just a few of the sweepstakes offered this football season to win a trip to Super Bowl 50, as well as the latest installment of the exercise in &ndash...
You Are a Winner - Sweepstakes Scams Are Still Popular
Recently, an affluent and intelligent businessman received a letter on Publishers Clearinghouse letterhead complete with the PCH logo and signed by its CFO informing him – by name – that he was selected as the second place winner in the 100 Million Dollars Super Cash Giveaway Promotion sponsored by...
And the Winner Is...
It's now viral. Even if you had no interest in watching women get judged based upon how they look in swimwear (athletically speaking, of course), you know that on Sunday Steve Harvey announced Miss Colombia (the country, not Columbia the university, Steve) the winner of the Miss Universe Pageant...
Cause Marketing Can be a Force for Change
Today (Dec. 18) is the official release date for the long-awaited next installment in the Star Wars saga – The Force Awakens. Disney and the Star Wars group have already been been engaged in an over one-year long cause marketing campaign that has been out of this world. For...
Upcoming Webinar: "What All Lawyers Must Know About Fantasy Sports Gambling"
On January 20, from 1:00 - 2:30 PM, Rob Laplaca will present a Lorman webinar titled "What All Lawyers Must Know About Fantasy Sports Gambling." The program will answer the questions on everyone's minds concerning fantasy sports leagues and attendees will learn the legal basis for the operation of...
Maybe it is Gambling - Fantasy Sports Leagues Under Fire
This week we wrote that fantasy sports leagues were (arguably) legal because they are games of skill under the Unlawful Internet Gambling Enforcement Act (UIGEA). Yesterday, however, the Nevada Gaming Control Board concluded – after several months of investigation – the pay-to-play daily fantasy sports leagues (DFS) were gambling...
Isn't Fantasy Football Illegal Gambling?
Everyone is familiar with the phrase "No Purchase Necessary." That's because promotions based on chance – sweepstakes, giveaways, or any promotion where a winner is randomly selected – cannot require a purchase (i.e., consideration) for the chance to win a prize. This is important for many businesses who use...
Madness or Badness: Is Your Office NCAA Pool Illegal?
It doesn't matter whether you know a basketball from a hockey puck or a three-point play from a five course meal, every March, office works across the country dutifully fill out their NCAA basketball tournament pool brackets, kick in five dollars, and hope against hope that their months-long lack...
10 Things You May Not Have Known About Promotion Marketing
Practically every type of promotional activity is regulated in some way: Sweepstakes and contests User generated content on websites and social media; Coupons, gift cards and money-back guarantees; Charitable solicitations; Celebrity endorsements or other testimonials; Marketing to children; and Even trying to give something away for "free" 2. You...
What You Need to Know About Sweepstakes and Contests
Sweepstakes A sweepstakes is a chance promotion where the winners are selected randomly, such as random drawings, giveaways, and instant win games. There must be no purchase necessary to enter a sweepstakes. Entries with a purchase are permitted, but there must also be a free alternative method of entry...
What You Need to Know About Commercial Co-Ventures
Commercial co-ventures are a form of cause-related marketing that have proliferated in recent years. Commercial co-ventures between a company and a charity not only help charitable causes, but also tend to increase a company's bottom line. Indeed, market studies have shown that most people will opt to purchase a...
Page 5 of 5
