United States: Advertising, Marketing & Branding

Eli Lilly has filed five lawsuits targeting companies selling products containing retatrutide, an unapproved investigational peptide. The cases challenge online retailers using "research use only" disclaimers, weight loss clinics, and med spas, alleging their marketing practices and business operations demonstrate intent to sell for human use despite FDA warnings. These complaints reveal how manufacturers can leverage a company's own advertising, affiliate relationships, and operational details to build leg

The author announces the early arrival of his daughter Sapphire Jane Troutman while simultaneously launching ticket sales for the fifth annual Law Conference of Champions (LCOC V), scheduled for July 19-21, 2027 in Southern California. Tickets start at $199 but increase by $10 daily, eventually reaching $3,099, making early purchase essential for attendees interested in the premier legal marketing and advertising conference.

The Federal Trade Commission is exploring whether to update its impersonation rules to address how digital platforms' ad-optimization tools may be enabling scammers to impersonate legitimate businesses and government agencies. With consumers reporting nearly $3.5 billion in losses from imposter scams in 2025, the FTC is soliciting public comment on potential new regulations that would require platforms to take concrete steps to prevent fraudulent ads from reaching consumers.

The 2026 BBB National Advertising Division Annual Conference revealed critical shifts in advertising law enforcement, with regulators and competitors intensifying scrutiny of pricing practices, health claim substantiation, environmental marketing, and digital platform responsibilities. What emerging trends and enforcement priorities should advertisers prioritize to navigate this evolving landscape of compliance challenges?

The Federal Trade Commission is considering whether to update its Rule on Impersonation of Government and Businesses to address how online platforms' ad optimization tools may facilitate impersonation scams. The proposed rulemaking would examine whether platforms should be held accountable for their role in generating, enhancing, and targeting fraudulent advertisements that impersonate government entities and businesses.

BBB National Programs has announced that TikTok has established a dedicated reporting channel with the National Advertising Division (NAD), joining Meta and Google in facilitating the removal of advertising that NAD has determined should be modified or discontinued. This arrangement creates a more direct path for bringing non-compliant advertisements to TikTok's attention and reflects a broader trend of convergence between private advertising self-regulation and platform enforcement.

California Governor Gavin Newsom vetoed AB 2253, legislation that would have strengthened the state's greenwashing protections through additional labeling requirements for products claiming recycled content. The veto comes amid concerns about regulatory complexity and timing, as California already maintains some of the nation's strictest requirements on recyclability claims while facing legal challenges to existing environmental product stewardship programs.

Gaming companies face mounting legal challenges as plaintiffs argue that loot box systems constitute illegal gambling under state law. The dispute centers on whether randomized in-game rewards with real economic value cross the line from traditional mystery products into regulated gambling territory, with courts now weighing arguments that could reshape the industry's most controversial monetization practice.

California joins New York in mandating disclosure when AI-generated synthetic performers appear prominently in advertisements, establishing specific language requirements and broad enforcement mechanisms. The law creates new compliance obligations for advertisers, agencies, and media platforms while introducing nuanced differences from New York's framework. With the January 2027 effective date approaching, businesses must implement tracking systems and disclosure procedures to navigate this expanding regula