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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.

Second Circuit Reinstates TCPA Case

Attempts to end class action with “pick off” strategy continue to fail. Read More ›

A Logical Opportunity: Spotify Preparing to Go Public through a Direct Listing

Spotify and similar subscription-driven publishers have unique business advantages that make a direct listing potentially as attractive as a traditional IPO – a large customer base of potential investors and knowledge of direct response digital marketing techniques. Read More ›

Insightful Evening With Clark Russell Hosted at Olshan

On April 5, 2017, Olshan hosted an evening with Clark Russell, Deputy Bureau Chief, Bureau of Internet and Technology for the New York State Office of Attorney General. Read More ›

New York Post Quotes Andrew Lustigman on Restriction of Privacy for Facebook Users

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in the New York Post. Read More ›

FCC Opt-Out Requirement For Some Faxes Overruled By Court

D.C. Court of Appeals vacates FCC order from 2006. Read More ›

Courts Deal Blow To New Jersey Class Action Suits

Two TCCWNA Suits Dismissed For Lack Of Harm Read More ›

FTC Down To Just Two Commissioners

Data Breach Suits Could Be Limited By Trumps’ Future Appointees Read More ›

FDA Seeks to Redefine what “Healthy” Actually Means

What the FDA considers “healthy” remains a major source of contention. The FDA has started a public process to redefine the “healthy” claim on food labeling to update existing food choices which will hopefully bring clarity to the issue. Read More ›

FDA Steps Up Enforcement on Unapproved Dietary Supplement Claims

FDA regulations prohibit making drug claims for dietary supplement products even if such claims are supported by scientific evidence. A recent FDA enforcement action involving dietary supplement products promoted to address high cholesterol, hypertension, diabetes, depression and muscle pain claims show that the agency is prepared to take significant steps where manufacturers continue to make drug claims for dietary supplement products, particularly where the facility fails to meet CGMP requirements. Read More ›

Germany Considers Fining Social Media Platform’s Failure to Remove Illegal Content

In the wake of recent public dialogue about whether or not social media plays a role in the outcome of public events, this week, German Justice Minister, Heiko Maas, has proposed a law that would see social media sites face fines of up to 50 million euros if they fail to remove illegal content from their platforms. This comes on the heels of analogous discussions in the U.S. about social media platforms' role in disseminating, and obligations to review and remove, now-coined “fake news” content. Most recently, on March 13th, 2017, Facebook CEO, Mark Zuckerberg, again defended his company against assertions that by failing to remove false content from the platform, Facebook plays a role in promulgating “fake news.” Following a November 2016 Facebook post in which Zuckerberg addressed the need to weigh the removal of “fake” or illegal content from the platform against the preservation of freedom of expression, Zuckerberg touted accusations that Facebook wants “fake news” as “crap.” Commenting at a recent talk at North Carolina A&T State University, Zuckerberg rejected the notion that Facebook views “fake news” articles as a means of inducing more “clicks.” Read More ›