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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.

Showing 9 posts in Deceptive Advertising.

NAD Considers Retailers Native Advertising

On December 22, 2015, the Federal Trade Commission (“FTC”) issued the Native Advertising: A Guide for Business (the “Native Advertising Guide”). The Native Advertising Guide was published to help companies determine when and how to disclose what content is native advertising. Read More ›

CARU Considers Disclosures in Children’s Advertising

In two recent decisions, CARU considered children’s “bead” art playsets and reinforced that advertisers must clearly disclose information about what products are included in the initial purchase, and avoid creating the impression that a product can perform in a manner that it cannot. Read More ›

New York Attorney General’s Case against Trump University to Proceed: Huge Shift in State Powers

The New York Attorney General's lawsuit against Donald Trump individually and Trump Entrepreneur Initiative, LLC (f/k/n Trump University) for false advertising could proceed. Read More ›

FTC Focuses on “Natural” Cases

Four companies reached settlement with FTC on charges that their products were 'all natural' despite containing artificial ingredients or chemicals. Read More ›

Final Consent Order Approved with Machinima, Inc. Regarding its Failure to Disclose Paid “Influencer” Endorsements

The FTC has approved a final consent order with Machinima, Inc., requiring the company to disclose when it has compensated influencers to post YouTube videos or other online product endorsements as part of influencer campaigns. Read More ›

Purported Cancer Charities Settle with FTC in Largest Enforcement Action Taken by FTC and State Charity Regulators

Federal Trade Commission, all Fifty States, and the District of Columbia v. Cancer Fund of America Inc., et al., No. 2:15-cv-00884-NVW (D. Ariz.) Read More ›

Lord & Taylor Settles Charges it Deceived Consumers Through Paid Magazine Article and Instagram Posts

The FTC brought charges against Lord and Taylor claiming that it deceived consumers by paying for native advertisements, including a seemingly objective article in Nylon (an online publication) and a Nylon Instagram post, without disclosing that the posts actually were paid promotions for Lord & Taylor’s 2015 Design Lab clothing collection. Read More ›

New York AG Action Against Walgreens/Duane Reade Highlights Increased Attention on False Savings Claims

Deceptive pricing/sales practices continue to be at the forefront of state regulators and private plaintiffs. The New York Attorney General’s recent $500,000 settlement with leading drug store retailer Walgreens/Duane Read involving allegations of such practices sends a strong message to retailers to verify that their pricing and sales practices are consistent with federal and state law. Read More ›

Prepaid Mobile Provider to Pay $40 Million to Settle Charges It Deceived Consumers About ‘Unlimited’ Data Plans

Mobile provider settles with FTC for deceptive advertising claims about its data plans. Read More ›