August 18, 2020
AFSA Extra Credit Podcast: Navigating Advertising During COVID-19
Advertising during a global pandemic and social justice movement triggers an increased level of regulatory risk and reputational harm. Regulators moved quickly to interrupt bad actors that took immediate advantage of frightened consumers early on in the pandemic. The FTC teamed up with the FDA to send warning letters to several companies advertising products claiming to treat, cure or prevent COVID-19. The FTC and SBA worked together to warn companies that were misleading small businesses regarding applications for loans through the Paycheck Protection Program or other CARES Act programs. Multiple state AGs shut down advertisers running confusing ads related to stimulus checks. And that was just on the regulatory side. Several advertisers have also taken reputational hits for not navigating the sensitivity of the pandemic or the social justice unrest as seamlessly as they might have.
In this AFSA podcast, Hudson Cook attorney Andrea Cottrell discusses compliance issues to consider when advertising during a pandemic.