The Food and Drug Administration (“FDA”) has adopted a Final Rule requiring that when a direct-to-consumer TV or radio ad for a prescription drug makes statements relating to side effects of the drug, those statements must be presented in a “clear, conspicuous, and neutral manner.” This Final Rule implements one requirement of the Federal Food, Drug, and Cosmetic … Continue Reading
On June 29th, the Federal Trade Commission (FTC) released updated rules to combat deceptive advertisements and endorsements. Along with new endorsement guidelines and answers to FAQs, these new rules mark a potential new era of FTC enforcement for advertisers who participate in online marketing. There have been huge shifts in the social media advertising landscape … Continue Reading
It’s that time of year again when the biggest event in professional football triggers all sorts of questions from broadcasters and advertisers about how that event may be mentioned in broadcast programming. You guessed it: I’m talking about the Super Bowl. Most people have undoubtedly heard the Super Bowl referred to as “the Big Game” … Continue Reading
One of the outcomes of the COVID-19 crisis – according to reports from many radio and televisions stations – has been a precipitous drop in spot sales and customers cancelling existing advertising contracts, leaving lots of airtime to fill. To fill that time, and to help other struggling businesses, some broadcasters have responded by offering … Continue Reading
Last month I participated in a webinar with my colleague Dan Kirkpatrick where we addressed the issue of advertising controversial products. While the topic of marijuana advertising (which we discussed in our webinar) gets much attention these days–especially with the recent decision by CBS to turn down a cannabis ad for the Super Bowl–we also … Continue Reading
Many noncommercial educational (NCE) stations – and their lawyers – were caught by surprise last week when the FCC issued a $115,000 civil penalty against an NCE licensee. The Cesar Chavez Foundation (CCF) was hit for running underwriting spots promoting for-profit entities. CCF agreed to the monetary penalty as part of an FCC approved consent … Continue Reading
Looks like we weren't just crying wolf about the possibility that Congress might be gearing up to dilute the deductibility of advertising expenses.… Continue Reading
Congress is considering elimination of the longstanding deduction for advertising expenses. This isn't just bad for broadcasters, it's bad for everyone… Continue Reading
We suggested the other day that, in view of the Justice Department's recent anti-marijuana campaign in California, the Feds might eventually target broadcasters who carry ads for dope dispensaries. Looks like our speculation wasn't too far off.… Continue Reading
What's up with broadcast advertising of medical marijuana? Events this year indicate that any thoughts of a federal retreat in the War on Drugs were but a pipe dream.… Continue Reading
What a difference a couple of decades make! Now not only can you play songs about marijuana, but you might even be able to advertise the stuff. Is this a great country or what?… Continue Reading
