
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: October 9, 2013

Counsel
212-286-0747 dbrecher@sh-law.comDoes Grumpy Cat have more Twitter followers than your business? If so, maybe it’s time for an animal spokesperson. Remember Tony the Tiger, the Energizer Bunny (Ok, those weren’t real animals, albeit great “spokespersons”).
From GEICO gecko to the Budweiser Clydesdales, animals generally make for good advertising. Companies frequently use animals to pitch products and promote brands, having nothing to do with the animals themselves, because they appeal to all ages, sexes and ethnicities.
Animals can also generate an emotional response that humans can’t seem to replicate. Given that three in five Americans own pet, commercials featuring dogs and cats tend to strike an immediate connection with the consumer. Classic examples include Spuds McKenzie and Morris the Cat.
Of course, adding an animal to your marketing campaign does not guarantee success. Complaints over the use of animals in advertisements, particularly where there is any suggestion of possible mistreatment, are also fairly common. In 2012, Sketchers received harsh criticism overs its Super Bowl commercial that featured greyhound dog racing. Critics of the ad, which became the subject of a Change.org petition, highlighted that the track where the commercial was filmed had a long history of animal mistreatment and neglect.
Animals also come with additional liability risks. Companies must ensure that handlers or trainers comply with federal Animal Welfare Act, which establishes licensing requirements and guidelines for animal care. The American Humane Society has special guidelines for the use of animals in filmed media. Companies that follow these guidelines for the humane treatment of animals are permitted to carry the trademarked “No Animals Were Harmed”® end-credit disclaimer.
Finally, while an actor is unlikely to bite another member of the production team, a dog, lizard or horse just might. Therefore, companies must make sure that they have the proper policies and procedures in place to address the unique risks of “animal actors.” That’s one reason why you see so many non-live animal “actors” in today’s commercials, including the camel announcing that today is Hump Day.
If you have any questions about this post or would like to discuss the legal issues involved, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!