Erik Tuvey advises a wide range of clients, from startups to Fortune 500 companies, in various practice areas, including advertising, marketing and promotions, commercial contracting, and dispute resolution. Erik has worked directly in client organizations through remote and on-site secondments, providing immediate legal support when needed and seamless interaction with outside counsel for more complex issues.

Key Updates:

  • California’s “drip pricing” law, which will limit how businesses can present fees and prices, is set to come into effect July 1, 2024.
  • On May 8, 2024, California Attorney General Rob Bonta issued guidance on the new law.
  • On May 20, 2024, Minnesota Governor Tim Walz signed a bill banning practices related to hidden and deceptive fees. The law will come into effect January 1, 2025.
  • Several other states, including Connecticut and New York, have also introduced legislation on fees and advertised prices.
  • At the federal level, on April 24, 2024, the Federal Trade Commission (FTC) held an informal hearing on its proposed rule prohibiting unfair or deceptive fees, first announced in October 2023.
  • President Biden has also targeted so-called junk fees, highlighting his administration’s efforts in March’s State of the Union address.

Continue Reading From California to New York, Junk Fees Continue to Be a Hot Topic for Legislators and Regulators

Key Takeaways:

  • Disclosure of a payment or other material connection (e.g., via #Ad) must be prominent and “before the fold” for social media posts.
  • Influencers must include applicable disclosures in video content (not merely in the caption that accompanies the video).
  • A brand cannot repost influencer content without disclosing that the content has been paid for.
  • Investors must disclose their material connections to brands in social media posts (and cannot directly contradict such disclosure with a statement that the post is “not an ad”).

Continue Reading National Advertising Division Flags Social Media Disclosure Obligations for Wonderbelly, Its Influencers, and Investor Demi Moore

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.

Click here to read the full Update.

To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides) in 1980 and then amended them in 2009. The Guides reflect the FTC’s position on applying the FTC Act to endorsement-related issues.Continue Reading FTC Proposes Updated Guidance for Influencer and Consumer Review Programs