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Affiliate Summit West 2011 The Regulatory Landscape for Advertisers, Affiliates, Networks  William I. Rothbard, Law Offices of William I. Rothbard Thomas A. Cohn ,  Of Counsel ,  Venable LLP
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OVERVIEW OF TOPICS ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
WHEN IS AN AD DECEPTIVE? ,[object Object],[object Object],WHEN IS AN AD UNFAIR? ,[object Object],[object Object],[object Object]
SAME STANDARDS APPLY TO ALL PRODUCTS SAME STANDARDS APPLY IN ALL ADVERTISING MEDIA
FTC REMEDIES ,[object Object],[object Object],[object Object],[object Object],[object Object]
FTC/AG ENFORCEMENT PRIORITIES ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Before disseminating an ad,  the advertiser must be able to  support all objective claims with: COMPETENT AND RELIABLE EVIDENCE SUBSTANTIATION Advertisers must substantiate all objective performance, efficacy, health, and safety claims — express  and  implied — with: COMPETENT AND RELIABLE SCIENTIFIC   EVIDENCE What would independent scientists with expertise in the field rely on?
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],COMPETENT AND RELIABLE SCIENTIFIC EVIDENCE WHAT IT  ISN’T WHAT IT  IS
“ NEW” FTC SUBSTANTIATION STANDARD? ,[object Object],[object Object],[object Object]
“ Clear and Conspicuous:”  Effectiveness of Disclosures  ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Dot Com Disclosures: FTC Business Education/Guidance [circa May 2000] To make disclosures clear and conspicuous, online advertisers should: ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
CLEAR AND CONSPICUOUS NEGATIVE OPTION ,[object Object],[object Object],[object Object],[object Object]
REVISED FTC ENDORSEMENT GUIDES  ,[object Object],[object Object],[object Object],[object Object]
FTC/AG ENFORCEMENT AGAINST BLOGS ,[object Object],[object Object],[object Object],[object Object],Page
FTC/AG ENFORCEMENT AGAINST BLOGS  ,[object Object],[object Object],[object Object]
MERCHANT-ADVERTISER RESPONSIBILITY ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
AFFILIATE/NETWORK RESPONSIBILITY ,[object Object],[object Object],[object Object],[object Object],[object Object]
OVERLAPPING ADVERTISER AND AFFILIATE NETWORK LIABILTY ,[object Object],[object Object],[object Object],[object Object],[object Object]
FTC/AG ONLINE ENFORCEMENT ACTIONS  ,[object Object],[object Object],[object Object]
AFFILIATE MARKETING: FTC & STATE AGs ,[object Object],[object Object],[object Object],[object Object]
AFFILIATE MARKETING: FTC & STATE AGs ,[object Object],[object Object],[object Object]
Top 5 Tips For Affiliates ,[object Object],[object Object],[object Object],[object Object],[object Object]
Top 5 Tips For Merchants/Networks ,[object Object],[object Object],[object Object],[object Object],[object Object]
MOBILE MARKETING ,[object Object],[object Object],[object Object]
PRIVACY ,[object Object],[object Object],[object Object],[object Object],[object Object]
CONCLUSION: CAVEAT VENDOR! ,[object Object],[object Object],[object Object]
QUESTIONS? ,[object Object],[object Object],[object Object],[object Object]
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The Regulatory Landscape for Advertisers, Affiliates, Networks

  • 1. Affiliate Summit West 2011 The Regulatory Landscape for Advertisers, Affiliates, Networks William I. Rothbard, Law Offices of William I. Rothbard Thomas A. Cohn , Of Counsel , Venable LLP
  • 2. Don’t forget: You can copy-paste this slide into other presentations, and move or resize the poll.
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  • 5. SAME STANDARDS APPLY TO ALL PRODUCTS SAME STANDARDS APPLY IN ALL ADVERTISING MEDIA
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  • 8. Before disseminating an ad, the advertiser must be able to support all objective claims with: COMPETENT AND RELIABLE EVIDENCE SUBSTANTIATION Advertisers must substantiate all objective performance, efficacy, health, and safety claims — express and implied — with: COMPETENT AND RELIABLE SCIENTIFIC EVIDENCE What would independent scientists with expertise in the field rely on?
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  • 29. Don’t forget: You can copy-paste this slide into other presentations, and move or resize the poll.

Notes de l'éditeur

  1. Press F5 or use the tool bar to enter presentation mode in order to see the poll. http://www.polleverywhere.com/free_text_polls/MjAwMTA0MTI0NQ If you like, you can use this slide as a template for your own voting slides. You might use a slide like this if you feel your audience would benefit from the picture showing a text message on a phone. In an emergency during your presentation, if the poll isn't showing, navigate to this link in your web browser:
  2. Press F5 or use the tool bar to enter presentation mode in order to see the poll. http://www.polleverywhere.com/free_text_polls/MjAwMTA0MTI0NQ If you like, you can use this slide as a template for your own voting slides. You might use a slide like this if you feel your audience would benefit from the picture showing a text message on a phone. In an emergency during your presentation, if the poll isn't showing, navigate to this link in your web browser: