PMA welcomes the following new members this month:
Center of Excellence | Legal and Governmental Affairs
- PMA is committed to provide timely and relevant information on legal and regulatory issues of importance to PMA members to create a greater sense of community among legal members and the marketing community, and to increase PMA’s profile before a broader governmental audience.
Nov 18-20, 2013 - 35th Annual PMA Marketing Law Conference
Downtown Marriott, Magnificent Mile
Chicago, ILL - Registration will open shortly.
Representatives of the Federal Trade Commission, the world's largest brands, state Attorneys General, technology pioneers and the nation's leading law firms converged on Chicagofor thePromotion Marketing Association's (PMA) Annual Marketing Law Conference entitled "Converging Platforms and Diverging Laws. Read the media coverage ofthe PMA Marketing Law Conference which took place Nov 12-14, 2012.
Promotion Marketing GC Talks About Privacy and a Changing Online Industry
FTC, Consumer Actions Shape Advertising and Marketing Landscape
The Complex Challenges Facing Advertisers on New Media Platforms : Manatt's Linda Goldstein Addresses Best Practices on wide range of emerging issues at PMA Marketing Law Conference
FTC Commissioner Chats With Industry Leaders
Global Marketing Law Leaders Address "Converging Platforms and Diverging Laws"
Read what presenter JaneAzia, the Chief of the Bureau of Consumer Frauds and Protection in the Office of the New York Attorney General, thinks will be the hot marketing law trends of 2013.
Keynote speakers included:
Click for photos, presentations and media coverage from the 33rd Annual Marketing Law Conference.
A morning’s discussion on self-regulation in behavioral advertising and other key topics affecting marketing & promotion legal professionals held on May 26, 2011.
Featured Speaker: C. Lee Peeler, President and CEO of The National Advertising Council (NARC) and EVP, Council of Better Business Bureaus.
Some presentations now available for download -- Members Only
The 32nd Annual PMA Promotion Marketing Law Conference, "I'll Be Watching You: Marketing in a Transparent World" was held in Chicago, Illinois, November 18 & 19, 2010. Click here for more information!
Legal and Government Affairs Community
The Legal and Government Affairs Community lets you interact with other PMA members with similar interests. To join the Legal and Government Affairs Community, click here.
Past Webinars Now Available -- The PMA International Law Book: Revised Second Edition
Online Use Of Trademarks As Keywords And In Comparative Advertising
Thursday, January 12, 2012
Click toview the pdf and wmv files. (members only)
Packaging and Trade Dress as a Means of Controlling Grey Market Goods
Tueday, June 14, 2011
Click for the pdf and video (members only)
Hot Topics Concerning Music Licensing For Advertising
The legal issues surrounding music licensing for advertising have changed dramatically with the advent of new media platforms as well as new approaches by advertisers to reach consumers through music.This webinar will address the latest developments and best practices for music licensing for advertising today, including:
Click to view the pdf and the movie [ members only]
Promotion Has a New "Face” -- How Sweepstakes, Contests & Games Are Executed In The World Of Social Networking, Presented by Renée C. Kessinger, Management Supervisor and David Schnitzer
Sr. Account Executive, D. L. Blair, June 3, 2010
View the Powerpoint [members only]
46 Countries-Europe, including Russia plus Brazil, China, India, Japan, Latin America, Asia, Australia and Africa
Every Chapter-details Discounts, Free Gifts, Premiums, Promotional Contests, Games and Special Sales, Internet Mobile & New Technologies
Intended for Marketers, Industry Members & Attorneys and Academics
Published in association with Global Advertising Lawyers Alliance (GALA)BUY NOWThe best and only encyclopedic compilation of laws affecting sweepstakes, contests, and the many other aspects of promotion available today, including internet and wireless technologies. This high-quality two volume 2200 page case bound set is the perfect fit for your business bookshelf or law library. Indispensable!
White Papers -
Legal Bulletins & PMA Legal Watch- [members only]
PMA Legal Watch
PMA Legal Watch - Vol 34, Issue 2
FTC Commissioners Uphold Trial Judge Decision that POM Wonderful, LLC and Others Deceptively Advertised Pomegranate Products by Making Unsupported Health Claims
The Federal Trade Commission upheld an Administrative Law Judge's decision that the marketers of POM Wonderful 100% Pomegranate Juice and POMx supplements deceptively advertised their products and did not have adequate support for claims that the products could treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction, and that they were clinically proven to work.
Read the complete issue - Members Only.
Back issues of the Law Bulletin and PMA Legal Watch
PMA COMMENTS TO THE FTC ON THE COPPA ACT
PMA has just submitted comments to the FTC in response to its proposed revision of the Children's Online Privacy Protection Act ("COPPA” or the "Act”). These comments, in addition to PMA's previous filing Dec 23, 2011 ask the FTC to revise how it proposes to define and treat "operators” and "website or online service directed to children”, Retain the E-Mail Plus standard and the one-time use exceptions for prize fulfillment for promotions and for send-to-friend e-card promotions
• permit mixed audience sites to age screen users and apply theCOPPA-mandated protections only to those who self-identify as children under 13, as opposed to all users of the site.
• modify its proposal to treat persistent identifiers used torecognize a user over time or across sites as personal information,
• better clarify that the "support for internal operations” exceptionexplicitly excludes from coverage the use of persistent identifiers for internal activities,
• expand the types of activities to be included in the "support forinternal operations” exception, and
• modify its proposal to treat user names and screen names as personalinformation only if that identifier is associated with functionality that permits the person to be contacted online. And make certain additional revisions.
Click here to download the filing. (PDF)
PMA Helps Protect Brands
PMA Supports Industry in Re-Crafting Pennsylvania Cyber Café Bill
PMA continues to support the industry in helping to redraft legislation aimed at cyber café sweepstakes parlors, which masquerade as legitimate sweepstakes operations. The latest example is PA HB 1893, recently signed into law, which was amended on the Senate floor and in conference to change the critical definition of "Simulated Gambling Program” to apply to a method used by a person "interacting with an electronic video monitor in a business establishment…”
For further details, please contact Ed Kabak at ekabak (at)pmalink.org or at 212-340-0083
PMA again helped protect the industry by providing the State of New Hampshire with revised wording on NH Bill NB 1260 relating to outlawing gaming in cybercafes.
The revised language was significant in protecting legitimate brand promotions from the reach of the statute, which is aimed at cybercafes masquerading as sweepstakes and games. The bill passed the House and Senate in New Hampshire this Wednesday, June 6, 2012. The key provision limits the statute's reach to those sweepstakes "an entrant can enter,play or otherwise interact with using a gambling machine furnished by the sweepstakes operator or an affiliate or person under contract with the operator ,in an establishment controlled by, affiliated with or contracting with the operator."
Florida Seeks to follow North Carolina's Lead in Banning
Electronic Sweepstakes Machines.
PMA files comments in response to the FCC's Notice of Inquiry "Empowering Parents and Protecting Children in an Evolving Media Landscape” Read more...
|Ed Kabak, Esq.
||Chief Legal Officer
|Barry Benjamin, Esq.
||Kilpatrick Stockton, LLP |
|Brian Heidelberger , Esq.
||Winston & Strawn LLP|
|Carol Brani , Esq.
||Womble Carlyle Sandridge & Rice, PLLC|
|Ed Chansky, Esq.
||Greenberg Traurig LLP |
|Jeffrey Greenbaum , Esq.
||Frankfurt Kurnit Klein & Selz PC|
|Kenneth R. Florin , Esq.
||Loeb & Loeb LLP|
|Marc Roth , Esq.
||VP, Chief Mktg & Compliance Counsel
|Jamie Rubin, Esq.
||Wildman, Harrold, Allen & Dixon LLP|
|Mary Kay Andersen
|Melissa Landau Steinman , Esq.
|Nancy Felsten , Esq.
||Davis Wright Tremaine LLP|
||D.L. Blair, Inc.|
|Linda Milfred, Esq.
||Senior Counsel, Mkt
||Coca-Cola USA |
||Sr. VP, General Mgr
||Ventura Associates, Inc. |
|Ron Urbach, Esq.
||Cohen Silverman Rowan LLP |
|Sarah La Voi , Esq.
||Corp Counsel, Mktg-Intellectual Property
|Scott Schleifstein , Esq.
||Cohen Silverman Rowan LLP|
If you want to get involved with the Center of Excellence call please contact Ed Kabak at the PMA, email@example.com
NY State Supreme Court Enjoined New York City from Enforcing Bloomberg’s Ban on 16 ounce+ Sugary Drinks
GUEST POST: NFC Changing the Loyalty Landscape
Former FTC Commissioner and Current CLO of Procter & Gamble Speaks on Empowerment for Today’s Digital Consumer
PMA Marketing Law Conference Interviews Jane Azia – Chief of the Bureau of Consumer Frauds and Protection in the Office
Guest Post:Best practices for running contests on Facebook
Interview with Kim Rayburn, SVP, BIGinsight
PMA Files FTC Comments on Food Marketed to Children
Social Media in the Legal Spotlight