Posts Tagged: Advertising

Condemnation, Litigation, Regulation, Legislation, Congratulation – Are NFL Ratings Down because of The Daily Fantasy Sports Crackdown?


Sports Illustrated recently had an article listing their experts’ take on why NFL TV ratings are down an overall 11% from last year.  Number 7 on their top 10 list was the Daily Fantasy Sports (DFS) bans.  Should the past year of condemnation, litigation, regulation and legislation lead to congratulation to aggressive state attorneys general and legislators for this downturn?  Perhaps.  But to the delight of the NFL (and ESPN, CBS and NBC), most states are now saying “Give Peace A Chance.”

First, DFS were flying under the radar and gradually creating a buzz.  Then, DFS exploded last year spurring increased NFL interest and TV viewership.  Because of this popularity, many legislatures took an interest and decided they had to investigate this (new) phenomena.  A number of state attorneys general issued formal opinions condemning DFS and some filed lawsuits against DFS operators.  Now, the dust is starting to clear, and it appears that most states are recognizing that DFS is a form of legal contest. (more…)

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Big Blue Fans Win Big Red Steaks: Promotions That Go Better (?) Than Expected

On Saturday (October 8), the University of Michigan eleven beat Rutgers by the lopsided score of 78-0. I don’t know if the Wolverines were fed red meat before the game, but the fans in Ann Arbor are sure lining up for some at the local Ruth’s Chris Steakhouse. Prior to the game, the restaurant posted on its Facebook page that from Sunday through Thursday it will offer a discount to match the winning point differential. The original post did not mention a cap, but was subsequently edited to limit the discount to 50% off the bill, excluding alcohol. A post after the game, indicated that the restaurant was booked through Thursday.

The timing of the additional restrictions may be problematic, but regardless, Ruth’s Chris Ann Arbor may have gotten more than it bargained for. There’s always that sweet spot that promotors are looking for to generate traffic without breaking the bank, and thanks to an historic performance by Big Blue, it’s possible that Ruth’s Chris Ann Arbor’s promotion could put it in the red. (more…)

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Playing for Keeps: Daily Fantasy Football 2016

When the last online fantasy football game was played, the attorneys general of New York, Nevada and Illinois were throwing penalty flags, state legislators was huddling to set the next play, and the daily fantasy sports leagues were taking it on the chin.

Where are we now? Here’s a 50 state survey:

DFS expressly allowed: CO, IN, KS, MD, MA, MS, MO, NY, RI, TN, WV, VA

Contested: AL, DE, GA, HI, ID, IL, NV, SD, TX

Banned: AZ, IO, LA, MT, WA

Proposed legislation: CA, CT, FL, KY, MI, MN, NE, NJ, NM, OK, PA, SC, WI

No legislation: AS, AK, ME, NH, NC, ND, OH, OR, UT, WY

How about this stat: leading up to the 2015 NFL season, daily fantasy sports leagues spent over $750 million in ads – more than the entire beer industry. In 2015, the top two companies had recorded a combined $3 billion in player entry fees. (more…)

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Do You Really Like Me? Native Advertising Enforcement is On the Rise

On July 11, 2016, the FTC announced that it had settled charges against Warner Bros. that it paid online influencers to post positive game play videos for its new a video game Middle Earth: Shadow of Mordor (Ed. note: whooo). (Further Ed. Note: I will continue to use the term “influencer” which in the trade means someone who is able to influence purchases, not someone with the flu.)

This enforcement action comes on the heels of the National Advertising Division cracking down on Joyus’s “Dr. Brandt’s Needles No More Wrinkle Relaxing Cream” for native advertising in the “Stuff We Love” section of People Magazine’s website, which itself came on the heels of the FTC slapping Lord & Taylor for its native advertising campaign for its incredibly-popular Paisley Asymmetrical Dress. (Story: Dress:

I will explain in more detail below the specifics in the Warner Bros. and Joyus matters, but for those of you who just like to cut to the chase, here’s what you need to know: (more…)

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Is It “Au Naturale” or “Oh, Not Natural?”: FTC Comes Down on 100% Natural Claims

You can buy almost any product that is “all natural” — skin cream, soap, shampoo, cleaners, grass seed, bug repellent, pet spray, even hair loss treatment. These products go by monikers such as “Pure Naked”, “Lush”, “ONO”, “Nature’s Miracle” and many “Dr. so-and-so’s”. Natural products are certainly not new – early civilizations used makeup made from such things as gemstones, castor oil, and beeswax. But eventually, post-war consumers were wowed with better living through chemistry. Now, “all natural” is de rigueur.

On April 12, 2016, the Federal Trade Commission issued a press release identifying a proposed settlement with four different manufacturers charging that they falsely claimed that their products are “all natural” or “100% natural”, despite the fact that they contain synthetic ingredients. The products included hand and body lotion, shampoo, sunscreen, as well as an elixir and a “face stick”. (No, the NHL was not involved in the settlement.) (more…)

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Where’d You Get That Dress? FTC Dresses Down Lord & Taylor Native Advertising

This week the FTC settled charges against Lord & Taylor from alleged deceptive native advertising during its March 2015 Design Lab social media campaign. A big takeaway from this settlement is the FTC’s position that a company not only has to comply with the Native Advertising/Endorsement disclosures on its own social media platforms, but also has to ensure (by contract and monitoring) that its paid endorsers make the requisite disclosures on their own social media posts.

For its sales campaign, L&T focused on one product, the Paisley Asymmetrical Dress, to flood the Internets. The native advertising included:

  • L&T gave the Dress to 50 select fashion influencers (what a job!) who were paid $1,000-$4,000 to post pictures of themselves on Instagram wearing the Dress. By contract, L&T required them to use “@lordandtaylor” and “#DesignLab” in the posts. The contract did not require the influencers to disclose in their postings that they had been compensated by L&T. L&T pre-approved each of the posts to ensure use of the user designation and hashtag. None of the posts had any endorsement disclosure and L&T did not add any.
  • L&T contracted with the fashion magazine Nylon to run an article with a picture of the Dress, which L&T pre-approved. L&T did not require Nylon to disclose the relationship in the article.
  • L&T also contracted with Nylon to post a picture of the Dress on Nylon’s Instagram page; again, no disclosure requirement.

The campaign was a huge success; it reached 11.4 million Instagram users and produced over 300,000 brand engagements; and the Dress sold out in days. But while women everywhere said yes to the Dress, the FTC said bad to the ads. (more…)

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