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Barry Benjamin on Muck Rack

Barry Benjamin

United States
As seen in: Reuters, Law360, JD Supra, Lexology, The Licensing Journal, Pensions & Investments, Association of Corporate Counsel (ACC), Westlaw Today, LexBlog, MyPE News and
Kilpatrick Townsend’s Advertising, Privacy, and Promotions practice: Advice/Counseling; Claim Substantiation; Litigation/NAD; FTC/State AG Defense; Sweepstakes
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Articles

NAD Puffery Decisions Show Why Advertising Context Matters | JD Supra

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By Barry Benjamin
| JD Supra
Sometimes advertising is like real estate, where the three most important things are: location, location, location. In advertising, it is often: context, context, context. And never more so than with puffery. Two recent National Advertising Division (NAD) decisions provide a useful reminder that what an advertiser puts around superlative claims-that is, the context-is key to determining whether the claims are mere puffery or require substantiation.
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NAD Puffery Decisions Show Why Advertising Context Matters

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By Barry Benjamin
| LexBlog
Sometimes advertising is like real estate, where the three most important things are: location, location, location. In advertising, it is often: context, context, context. And never more so than with puffery. Two recent National Advertising Division (NAD) decisions provide a useful reminder that what an advertiser puts around superlative claims—that is, the context—is key to determining whether the claims are mere puffery or require substantiation.
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Social Clipping and Influencer Marketing: Key Legal Risks

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By Barry Benjamin, Melissa Landau Steinman
| JD Supra
Because clipped videos often look like authentic fan content, even when they are part of paid marketing campaigns, they blur the line between independent expression and advertising. So, are existing advertising rules flexible enough to cover social clipping?
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