Tag:Marketing
Restoring Consumer Control: The FTC’s Push to Regulate Negative Option Practices
Kendall Henry Associate Editor Loyola University Chicago School of Law, JD 2027 Every time a consumer enrolls in a 30-day free trial for a streaming service and fails to cancel before the trial ends, the streaming service automatically charges a fee for the subscription. This automatic renewal practice is an example of a “negative …
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Modern Marketing v. FDA Enforcement: The Unregulated Frontier of Trendy Skincare and Digital Labeling
“Slugging”, “glass skin”, and “mineral mixing”, oh my! These are just a few of the current trends present in the skincare scene today. With the boom of social media advertising, non-professionals posting advice to TikTok, and companies’ budgets for trendy skincare campaigns in the millions, where do we draw the line between FDA-regulated skincare and “digital labeling” in this new generation of cosmetic advertising?
The SEC and Its New Marketing Rule: Testimonials and Endorsements
The Securities and Exchange Commission’s (SEC) new marketing rule will take effect on November 4, 2022. Advertising and solicitation regulations have undergone a major overhaul after decades of continuity. Further, testimonials and endorsements are no longer prohibited, but their use will be conditioned on compliance with certain provisions. The new rule only applies to financial adviser’s communications that are advertisements, as defined in the new rule.