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Tenth Circuit Rejects the “Two-Click” Safe Harbor: Hyperlinks and Third-Party Content May Create Advertising and Regulatory Liability
The decision reaches beyond competitor false advertising claims, with potentially significant implications for FDA, FTC, state consumer protection, and other regulatory enforcement. Executive Summary The Tenth Circuit’s decision in KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc. may ultimately be remembered less for what it says about pet food than for what it says about hyperlinks. For years, many companies operated under an informal assumption—sometimes referred to as the “two-click rule”—that they could avoid liability for third-party claims so long as those claims appeared on another website that consumers had to navigate to independently. The Tenth Circuit has substantially undermined that[...]
Retail Media Can Build Brands—Including Ways Other Media Can’t
Not only is retail media capable of brand-building, in the future the smartest advertisers will depend on it.
Week in Charts: How ESOV Moves Market Share, Amazon’s Alleged $20 Billion From Manipulating Ad Auctions, and Influencer-Led TV Series Are on the Rise GalleryWeek in Charts: How ESOV Moves Market Share, Amazon’s Alleged $20 Billion From Manipulating Ad Auctions, and Influencer-Led TV Series Are on the Rise
Week in Charts: How ESOV Moves Market Share, Amazon’s Alleged $20 Billion From Manipulating Ad Auctions, and Influencer-Led TV Series Are on the Rise
In this week's Week in Charts, how ESOV moves market share, Amazon's alleged $20 billion in takings from manipulating ad auctions, and influencer-led TV series are on the rise. To have Week in Charts delivered to your inbox, you can sign up to the newsletter here. Quote of the Week Number of the Week Read More
Sony Bolsters Ads Business with FAST Offering on PS5
Japanese tech giant Sony, owner of major TV and film production business Sony Pictures Entertainment, has been noted for its decision to stick to an "arms dealer" role in the streaming wars. While many other players in the TV and film space spun up their own streaming services in order to directly monetise the content Read More
Playing the Long Game: CarMax on Turning Fandom Into Brand Loyalty
CMO Sarah Lane on committing to transparency, investing in women’s sports, and putting fans first.
