What’s New in Advertising for Highly Regulated Industries

While all industries are subject to the general principles of advertising law, some industries – most prominently alcohol, cannabis, sports betting, cryptocurrency, and tobacco – have unique regulatory considerations for anyone advertising (or accepting advertising for) such products. Complicating matters further, the regulations can vary on a state-by-state basis, and even the most proactive regulators cannot keep up with new developments in advertising and marketing practices. Plus, with the incoming administration’s anti-regulatory bent, the regulatory scheme on the federal level is bound for a shakeup.

This Briefing will discuss legal compliance and recent developments in the following areas:

• Alcohol, with a focus on TikTok and age-targeting developments (15 minutes)
• Marijuana and CBD, with a focus on recent regulatory shifts for Delta-8 and Delta-9 THC, new advertising regulation, and the outlook for re-scheduling (15 minutes)
• Sports betting, with a focus on legislation introduced to stem the prevalence of sports betting ads (15 minutes)
• Cryptocurrency, with a focus on the SEC’s recent enforcement against NFT providers (10 minutes)
• Tobacco, with a focus on the evolving regulatory scheme for ecigarettes (5 minutes)

Who Should Attend: In-house counsel, outside attorneys, compliance, and other allied professionals with practices in advertising law

Program Level: Overview

Prerequisites: None

Advanced Preparation: None

Faculty:

Louis P. DiLorenzo

Davis+Gilbert LLP