How powerful is the drug lobby? In a 6-3 decision in Sorrell v. IMS Health, Inc., No. 10-779, the U.S. Supreme Court struck down a Vermont law that restricted the use of prescriber histories for purposes of marketing or promoting pharmaceutical products to physicians. “We are very pleased that the Supreme Court has made clear [...]
“Opt In” Is The Common Sense Answer, But That’s Not Good Enough For Ad Industry Lobbyists
Tell Sweet Lies, Go To Court

American sugar farmers and refiners have filed a suit to stop big corn processors from marketing high-fructose corn syrup as a “natural” product equivalent to real sugar. The suit, filed in U.S. District Court in Los Angeles by Western Sugar Cooperative, Michigan Sugar Company and C & H Sugar Company, Inc., charges that the “corn [...]
Freedom Runs On Information, And Google Loves Information
Sticks and stones make break Google’s bones, but words will never hurt her. Yet, dart-like words are flying. According to Times of India, Google denied that the US government meddles in its business decisions after Chinese state media published an opinion piece saying the Internet-search company is a “tool” of US foreign policy. Google is [...]
Know Your Usage Laws. Or Pay Up.
I don’t think I’ll try to pull an appropriate image for this post. From SFGate.com: In May, 2010, with the assumption Web images without copyright notices were “public domain” and free to use, a Webcopyplus copywriter used Google images to find an unmarked 400 x 300 pixel scenic photo to complement an article for a [...]
Why Is ze frank Pitching A Tongue Brush?
Hold it, it’s not ze frank, it’s another guy acting like ze frank. “On your tongue!” Thanks Orabrush.
When The Intel Lacks Intelligence, Promoters, Not Pirates, Get Hurt
Kevin Hofman of hip-hop site OnSmash.com is bumming. According to The New York Times, OnSmash.com was one of 82 sites seized by the United States Immigration and Customs Enforcement unit, due to accusations of copyright infringement and selling counterfeit goods. Problem is, Hofman isn’t a pirate. He’s a promoter. OnSmash.com and the handful of other [...]
Hey, Middle Schoolers, Rum And Tattoos Are Cool
This out-of-home shelter ad for Sailor Jerry rum is located right outside a Portland middle school, which might be illegal and it’s clearly ill advised. Someone at TriMet likely messed up, although the media buyer at Quaker City Mercantile may need to accept some responsibility, as well. To show you what the school has to [...]
Everybody’s Selling Something, Pretty Much All The Time
What did you just see in the Fox News segment above? Was it an ad? James Rainey of Los Angeles Times believes it is. And he reports that TV stations who have a legal obligation to reveal the relationship between a marketer and paid spokesperson, are failing to do so. According to Rainey, toy expert [...]
Regulating Ads For Kids? Not So Fast
I’m not a parent, so I can’t personally testify to how well advertising aimed at kids works these days. I’m sure it’s a constant struggle for parents, many of whom I’m sure wished they wouldn’t have to deal with companies aiming their products at kids. But I know that marketing and advertising fights back when [...]
AT&T Drapes A Disclaimer Over “Blanket” Commercial
Apparently, quite a number of people have noticed the similarities between the work of artists Christo and Jeanne Claude, and this commercial of AT&T entitled “Blanket.” Now, Stuart Elliot The New York Times reports that AT&T is adding a disclaimer to the end of the spot. Last week, after receiving from a reader an e-mail [...]
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