Google Updates Ad Policies on Abortion-Related Advertising
FTC making sure "Made In USA" is made in the USA
  • Thursday, May. 23, 2019
Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the Frankfurt Kurnit Klein + Selz's Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, branded entertainment, and intellectual property matters. He is also the Chairman of the Global Advertising Lawyers Alliance.

Google just announced changes to its policies relating to abortion-related advertising.  The changes, which only apply to advertisers in the United States, the United Kingdom, and Ireland, will go into effect in June.

Under the new policy, advertisers that want want to run ads using keywords related to getting an abortion will first need to be certified by Google as an advertiser that either provides abortions or does not provide abortions.  

Once Google certifies the advertiser, all of the advertisements from that advertiser will include a disclosure that states either "Provides abortions" or "Does not provide abortions."

Google said that, "This added transparency will help ensure that users have the necessary information to decide which abortion-related ads are most relevant to them." 


Two More From the FTC on "Made in USA

What do the manufacturers of counter tops and beer equipment have in common?  They're the latest companies to be investigated by the Federal Trade Commission over claims that their products were made in the United States.

The FTC's Enforcement Policy Statement on U.S. Origin Claims says that, in order to make an unqualified claim that a product is made in the United States, the product must be "all or virtually all" made here.

The FTC looked into whether Norland International overstated the extent to which its American Beer Equipment products and systems were made in the United States.  

In its letter closing the investigation, the FTC reported that, in order to avoid deceiving consumers, the company removed U.S.-origin claims from all marketing materials.  The FTC warned the company that if it made U.S.-origin claims in the future, the company's marketing materials "should clearly differentiate U.S.-origin products from imported products."  The FTC also cautioned Norland to "take care not to make overly broad U.S.-origin claims on marketing materials that refer to multiple products."

And what about the counter tops?  The FTC looked into whether LG Hausys America overstated the extent to which its surface slabs used for counter top fabrication are made here.  The FTC said that, "in some instances, essential raw materials incorporated into the Company's quartz and solid surface slabs are imported. In other instances, slabs are imported as finished products."

In its closing letter, the FTC reported that, in order to avoid deceiving consumers, LG Hausys implemented a remedial action plan to update its representations, which included:  (1) removing U.S.-origin claims from or adding qualified claims to marketing materials; (2) sending out more than 5,000 update kits to customers; and (3) making diligent efforts to sure the accuracy of claims being made by dealers, including sending five rounds of e-mail blasts, monitoring e-mail open and read rates, conducting field visits, and terminating non-compliant dealers.

The FTC continues to aggressively look at "made in USA" claims.  And, when you get it wrong, at a minimum, they expect you to take significant steps to ensure that you fix what's out there and prevent the problem from happening again in the future.

This column presents a general discussion of legal issues, but is not legal advice and may not be applicable in all situations. Consult your attorney. To contact Jeffrey A. Greenbaum ESQ click here.

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Frankfurt Kurnit Klein & Selz

Founded more than 40 years ago as a boutique entertainment law firm in New York City, Frankfurt Kurnit now provides the highest quality legal services to clients in a wide range of industries and disciplines worldwide. With leading practices in advertising, entertainment, IP, technology, privacy, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit can help you face challenging legal and business issues and meet your goals with efficient and practical solutions.

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