U.S. House Votes to Pass Bill that Requires TikTok to Divest or Face U.S. Ban |

On March 13, 2024, the U.S. House of Representatives overwhelmingly voted to pass a bill that would give TikTok’s Chinese owner ByteDance approximately six months to divest its U.S. assets or face a U.S. ban. The 12-page bill ( H.R. 7521), known as the Protecting Americans from Foreign Adversary Controlled Applications Act, aims to “protect […]

FDA Issues Long Awaited New Rule for DTC Prescription Drug Ads |

On November 21, 2023, the US Food and Drug Administration (FDA) published a long-awaited final rule changing how companies must present the “major statement” in direct-to-consumer (DTC) TV and radio advertising. It differs very little from what was included in the 2010 proposed rule. The final rule implements a Food and Drug Administration Amendments Act […]

FTC Sends Warning Letters to Influencers Marketing Food and Beverages with Aspartame or Sugar |

On November 15, 2023, the Federal Trade Commission (FTC) announced that it was issuing formal warnings to two food and beverage industry groups, as well as a dozen dietician and nutritionist influencers, for failing to adequately disclose paid social media posts that promoted artificial sweeteners and sugary products. The warning letters point to Instagram and […]

California Enacts New, Far-Reaching Climate Change Disclosure Laws

On October 7, California Governor Gavin Newsom signed into law two climate disclosure bills that will impose significant reporting obligations on thousands of companies doing business in California. Together, the bills comprise what Democratic lawmakers are calling California’s “Climate Accountability Package”. SB 253, the Climate Corporate Data Accountability Act, will require companies to annually disclose […]

Senators Issue Bipartisan Discussion Bill Draft on AI Deepfakesand Federal Right to Publicity |

On October 12, U.S. Senators Chris Coons (D-DE), Thom Tillis (R-NC), Marsha Blackburn (R-TN.), and Amy Klobuchar (D-MN.)—released a bipartisan discussion draft of the Nurture Originals, Foster Art, and Keep Entertainment Safe (dubbed the “NO FAKES”) Act that would protect all individuals’ voice, image, or visual likeness from unauthorized AI-generated digital replicas, AKA “deepfakes.”  The […]

FTC Issues Proposed Rule on “Junk” Fees |

On October 11, 2023,  the Federal Trade Commission (FTC) announced a proposed rule, entitled Trade Regulation Rule on Unfair or Deceptive Fees, which, if adopted, would require a business to include all mandatory fees in an advertised price upfront. As drafted, it explicitly bans hidden fees, which are added to the total price before checkout, […]

FTC and HHS OCR Send Warning Letters to Hospital Systems and Telehealth Providers about Use of Online Tracking Technologies |

On July 20, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a letter to approximately 130 health systems and telehealth providers emphasizing the privacy and security risks associated with the use of online tracking technologies (i.e. Meta/Facebook pixel and Google Analytics) for the […]

FTC Issues New Proposed Rule Focused on the Use of Reviews and Testimonials |

On June 30, 2023, the Federal Trade Commission (FTC) announced a new notice of proposed rulemaking (NPRM) that attempts to stop marketers from using illicit or deceptive review and endorsement practices. This proposed rule aims to protect consumers seeking genuine feedback on products and services while promoting fairness for honest businesses. Any agencies or their […]

FTC Finalizes Updated FTC Endorsement Guides |

On June 29, 2023, the Federal Trade Commission (FTC) issued updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) and updated its practical business guidance “FTC’s Endorsement Guides: What People are Asking” (“Business Guidance”). The final revisions to the Endorsement Guides feature several key additions addressing technological changes in […]

Federal Government Agencies Issue Rule to Ban TikTok on Contractor Devices |

The Federal Acquisition Regulation Council (“FAR Council”) published an interim rule on June 2 prohibiting federal contractors from using TikTok on government devices, The rule specifies that the ban on TikTok and other ByteDance-developed services “applies to devices regardless of whether the device is owned by the government, the contractor or the contractor’s employees,” including […]

FAQs on Advertising Agency Considerations for Government Contracting Opportunities |

Through government contracts, advertising agencies can help state, local, and federal governments communicate their mission and important messages to the general public to inspire behavioral change, accelerate adoption of vital programs, and contribute to the greater good.  To help agencies navigate the perceived complexities of the government contracting process, the 4A’s Government Relations team has […]

4A’s Submits Comments to FTC On Environmental Claims In Marketing (i.e. “Green Guides”)

On April 24, 2023, the 4A’s submitted written comments to the Federal Trade Commission (FTC) regarding advertising agency recommendations for potential updates to the FTC Green Guides.  The FTC published a Request for Comment in December 2022 to seek public input into potential updates and changes to the Green Guides for the Use of Environmental […]