Perfect Balance: An Advertising Law Podcast

2024 was another big rulemaking year for the FTC. At the end of October, the FTC issued its final Negative Option Rule, which has created quite a stir in the marketing community. Faced with a flurry of court challenges and a different political landscape following the 2024 elections, it is possible that the Negative Option Rule will have a short life span. Despite its uncertain future, the requirements and principles set forth in the Rule align with many of the state automatic renewal laws and may continue to inform how states regulate automatic renewal programs and enforce their laws. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Consumer Protection partners J.J. Rodriguez and Bez Stern to examine and discuss the key provisions of the Negative Option Rule and their implications, and how the same issues are being addressed by states, including the recent amendments to California’s Automatic Renewal Law.

We are just days away from one of the most consequential and historic elections in U.S. history. Political advertising spending is at an all-time high in this election cycle, with both parties vying for the attention and votes of undecided voters in our highly polarized society, especially in a handful of swing states. While political advertising is protected speech at the highest level under the First Amendment, there are still federal and state laws that apply to political ads. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi explores some of these laws with Manatt Digital and Technology Partner and Leader Eric Bergner and Government and Regulatory Associate Antoinette Bedros, particularly variations in these laws and compliance challenges for digital publishers when accepting political ads on their platforms.

Social media has continued to be a major topic in our society in 2024. The Supreme Court issued three decisions involving social media, TikTok faces an uncertain future as its Chinese parent fights a U.S. congressional mandate to sell the company to avoid a ban in the U.S., the concern over misinformation and disinformation has grown as we are less than three months away from a presidential election, there has been an increasing focus on the potential connection between social media usage and mental health, and the Federal Trade Commission continues to closely monitor social media activities. Despite the political and regulatory concerns, there does not appear to be any drop in the popularity of social media, in any age group. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt associates Monica Kulkarni, Tia Thevenin and summer associate Janice Kim, to discuss the latest trends on social media and some of the popular features in use today.

In this episode, host Po Yi is joined by Manatt partners Rich McDerby and Michel Narganes, to examine some of the benefits and challenges of CVC investments.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt partners J.J. Rodriguez and Eric Gold, to discuss how this more expansive negative option rule proposed by the FTC and the current and proposed state automatic renewal laws may change the way companies offer subscription and continuity products.

Exploring regulatory focus on combating unfair fees and its impact on pricing disclosure in advertising. Discussing proposed rulemaking by the FTC, 'junk fees', and key state laws addressing hidden fees. Highlighting the need for transparency in entertainment ticketing and preventing price increases. Distinguishing between junk fees and hidden fees in consumer financial services. Recommending businesses stay informed about regulations on hidden fees and conduct a fee inventory.

David Smith, Energy and Environment Partner, and Chris Adams, Co-Founder and Chief Creative Officer, discuss climate regulations and the marketing opportunities for companies. They explore disclosures, marketing strategies in the EV industry, risks of climate-related marketing, and provide tips for companies to communicate their climate change efforts effectively.

Part 2 of Perfect Balance podcast explores the FTC's concerns with consumer reviews, guidelines for soliciting reviews ethically, the FTC's proposed rule on deceptive practices in product reviews, and tips for brands on presenting consumer reviews without resorting to deceptive practices.

Explore the FTC's final revisions to the Endorsement Guides and its accompanying FAQs, highlighting changes in the definition of endorsements and social media tags. Learn about differentiating between endorsements and non-endorsements with a focus on clear and conspicuous disclosures. Understand the definition of 'significant minority' and its implications, along with the importance of material connections and unexpected disclosures. Discover the disclosure requirements and liability for endorsements, including the responsibility of advertisers and intermediaries in influencer marketing. Lastly, learn about the significance of clear disclosures and wise endorsement choices, especially on electronic devices.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Entertainment Partner Nathaniel Bach and Intellectual Property Protection and Enforcement Partner Jessica Wood to discuss challenges with owning AI-generated content created for marketing and minimizing intellectual property and other risks.