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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

NAD Action Against Fit Tea and the Kardashians Highlights Influencer Exposure

NAD has been at the forefront of scrutinizing social media content for compliance with applicable advertising standards. Its recent decisions challenging Fit Tea’s social media advertising, including bringing a proceeding against three of the Kardashians, exemplifies the reality that both brands and influencers are potential liable for improper claims. Read More ›

LILY CASE HIGHLIGHTS COMPLIANCE OBLIGATIONS UNDER THE MAIL ORDER SALES RULE

While the FTC’s Mail Order Sales Rule pre-dates the Internet by decades, the Rule remains relevant with today’s online marketing practices, particularly for pre-orders. Companies that rely on pre-orders for a concept product need to take careful note of recent action filed by the San Francisco District Attorney against Lily Robotics, Inc. for false advertising and unfair business practices. After acquiring tens of millions of dollars’ worth of capital investment and pre-order revenue for a conceptual drone, the company repeatedly delayed release of the product in 2015 and 2016, and has since failed to produce a saleable product. Read More ›

“SHARK TANK” APP FTC CASE PROVIDES LESSONS TO EARLY STAGE TECH COMPANIES

Many early stage technology-based companies with promising ideas may compromise substantiating their product’s performance claims with the belief that there is time for compliance down the road.   The FTC’s recent case against the marketers of two app-supported smartphone accessories, advertised to accurately measure consumers’ blood alcohol content, and who received funding on Shark Tank, highlights the risk in waiting. Read More ›

Andrew Lustigman to Speak at IZEAFest 2017

Olshan Advertising Chair Andrew Lustigman will speak at the IZEAFest 2017 which is being held in Orlando, FL. Read More ›

Lustigman Quoted in NYPost and Law360 On Lawsuit Filed Against Twitter, Facebook & Google

Section 230 of the Communications Decency Act immunizes websites that merely provide an outlet for another party to provide its content. Read More ›

FCC Reminder: Robotexts are Subject to TCPA

Text messages are treated like phone calls under the TCPA. Read More ›

CLIENT ALERT: Department of Labor’s Final Rule Doubling Minimum Salary for FLSA Exemption Enjoined Nationwide

The Department of Labor’s final rule that would have significantly increased the number of employees eligible for overtime pay under the Fair Labor Standards Act was recently enjoined nationwide by the Federal District Court in the Eastern District of Texas.  Read More ›

Important TCPA Ruling Expected Soon

FCC interpretations challenged as arbitrary and capricious. Read More ›

FCC Refuses Mortgage Broker’s Request For TCPA Exemption

Mortgage-servicing calls will still require prior express consent. Read More ›