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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.

Photo of Advertising Law Blog Howard J. Smith hsmith@olshanlaw.com View Bio

Showing 11 posts by Howard J. Smith.

"How's It Going for You?": NAD's Revised Rules Two Years Later

Changes to the NAD’s procedures have been generally positive and have improved the efficiency of the self-regulatory process Read More ›

NAD Recommends Modification of Exercise Equipment Claims

Nautilus advertised its Bowflex TreadClimber exerciser as promoting substantial weight loss.   NAD recommended that the broad claim of “All They Had To Do Was Walk” should be discontinued because its weight loss claims failed to sufficiently encompass the need to diet.  Read More ›

A Good Disclaimer Can’t Save a Deceptive Ad

CARU recommends modification to advertising despite disclaimer Read More ›

The Snowden Effect: The Safe Harbor Is Not So Safe Any More

In a landmark decision issued on October 6, 2015, the Court of Justice of the European Union (CJEU) declared the U.S.-EU Safe Harbor for the transfer of personal data to be invalid. Read More ›

Even Creepy Rob Lowe Can't Overturn NAD Ruling

Advertisers may believe that claims contained in light-hearted or humorous advertising are immune from challenge. Read More ›

Lustigman and Smith Discuss Drawbacks of Failing to Comply with NAD Advice

Partners Andrew Lustigman and Howard Smith authored an article published by Inside Counsel entitled, "When self-regulatory remedies can be the better alternative." Read More ›

Can online reviews provide substantiation for superiority claims?

Inside Counsel article on using online reviews as advertising Read More ›

NAD Recommends That Chobani Discontinue “Farmland” Commercial

Yoplait's challenge to Chobani's television and online advertising reminds that claims which expressly or implicitly disparage a competing product must be accurate and narrowly drawn. Read More ›

NAD Recommends Advertiser Modify In-Store Price Matching Guarantee

The National Advertising Division ("NAD") recently recommended that Toys "R" Us modify or discontinue a price-matching claim advertised. Read More ›

Competitor Advertising Challenges: Lanham Act vs. NAD

On March 27, 2013, 12:30 - 1:30 p.m. EDT., Olshan will present the webinar Competitor Advertising Challenges: Lanham Act vs. NAD. CLE credit will be available for this complimentary program which will offer a practical analysis of alternative forums for addressing competitor advertising claims. Read More ›