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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 68 posts in FTC.

FTC Settlement with Trampoline Marketer Shows Risk in Using Fake Review Sites

The FTC considers review sites to be advertising and will hold marketers responsible for their content Read More ›

FTC Awarded A Lien On The Home Of Florida Fraudster

Ruling shows that fraud can trump homestead protection laws Read More ›

FTC Continues Scrutiny of Influencer Campaigns

The FTC is increasing its scrutiny of brands' use of social media influencers who fail to disclose to a material connection between the brand and the influencer. Read More ›

FTC’s Opinion on Soundboards Upheld by Court

Federal court rules that telemarketers may not use soundboard technology to avoid robocalling restrictions. Read More ›

FTC Down To Just Two Commissioners

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

FTC Increases Scrutiny of “Made in the USA” Claims

Companies and advertisers need to ensure that any “Made in USA” claims they make are not misleading, as the FTC  has increased scrutiny of such claims. Read More ›

Will There Be a New World Order at the FTC?

Many think that the Federal Trade Commission will no longer be the significant enforcement power it has been in recent decades. While time will tell how things play out with the new administration and, presumably, new FTC Commissioners, it is likely that the FTC will remain a very powerful and thoughtful consumer protection agency, focused on protecting consumers from harm. What constitutes consumer harm, however, and the appropriate remedy for noncompliance, may change under the current administration.    Read More ›

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 ›