On October 15, CMS released a proposed rule titled “Medicare and Medicaid Programs: Drug Pricing Transparency,” which would require direct-to-consumer (DTC) advertisements for prescription drugs covered by Medicare or Medicaid to include the Wholesale Acquisition Cost (WAC). This proposed rule resembles a rejected Senate amendment to the FY-2019 Labor-HHS-Education appropriations bill (analyzed here) that would
Unlike some other European countries, the UK does not currently have specific rules prohibiting or restricting gender stereotyping in advertising. To date, complaints about ads featuring stereotypical gender roles or characteristics have been brought based on the requirement in the UK non-broadcast and broadcast advertising codes (the CAP Code and BCAP Code) that advertising must
Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands. Industry insiders, advertising agencies, content producers, publishers, influencers and regulators joined forces to discuss the challenges faced by these new models of advertising. Central to these latest trends is the shift in
Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes.
The Federal Communications Commission (“FCC”) recently imposed a $1.84 million penalty for sending unsolicited fax advertisements. According to the agency’s forfeiture order, Scott Malcolm, DSM Supply, LLC and Somaticare, LLC (the “DSM Parties”) sent 115 unsolicited fax advertisements to 26 consumers, primarily health care practitioners, in violation of the FCC’s Telephone Consumer Protection Act (“TCPA”)
On 19 December 2011, the Act on the reinforcement of the safety of medicinal and healthcare products was adopted in France. This Act imposes new obligations on manufacturers concerning the advertising of medical devices. As a result of this Act and the related implementing Decrees No 2012-743 and No 2012-744 of 9 May 2012, the advertising
The U.S. Department of Transportation (DOT) today issued a Consent Order imposing a large civil penalty on British Airways for violations of its consumer protection rules. DOT Order 2012-10-1 BritishAirwaysConsentOrder The Department concluded that British Airways had violated Article 17 (damaged/lost baggage) of the Montreal Convention by implementing a policy and tariffs whereby it
Following up on a public workshop held earlier this year, today the Federal Trade Commission (FTC) issued a set of truth-in-advertising and privacy guidelines for mobile device application (app) developers. Titled “Marketing Your Mobile App: Get it Right From the Start,” the guidelines provide an overview of key issues for all app developers to consider.
The Federal Trade Commission (FTC) has obtained a $25 million settlement against the marketers of the Ab Circle Pro, an abdominal exercise device, for alleged deceptive advertising. According to the Commission, the defendants, including Fitness Brands, Inc. and Fitness Brands International, Inc., falsely promised that a three-minute workout with the Ab Circle Pro was the
For the second time in eight months, the Federal Trade Commission (FTC) has obtained a multi-million dollar settlement as the price paid for alleged deceptive advertising of footwear promoted to help customers lose weight and strengthen muscles. The FTC announced its $40 million settlement with Sketchers earlier this week. According to the FTC, Sketchers incorrectly