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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 11 posts in Marketing.

Andy Lustigman Quoted in Digiday on Virtual Reality, the Latest Ploy to Target Kids

Olshan Advertising Partner Andrew Lustigman was quoted by Digiday, a New York-based online publication that covers the digital marketing industry, on legalities involved in marketing junk food to kids through McDonald’s new VR Happy Goggles.  Read More ›

Ethics, Disclosure and Best Practices

Andrew Lustigman to speak at IZEAFest 2015 on October 23, 2015. Read More ›

Recent Cases Highlight the Need at a Minimum to Carefully Review Underlying Substantiation Provided by a Supplier

As typically the consumer facing entity, the manufacturer has potential exposure from regulators and consumers alike for disseminating potentially unsupported claims. Read More ›

Ninth Circuit Rejects FTC Ban On Internal Consumption Commissions

The appellate court has rejected the FTC’s argument that internal sales cannot be considered sales to ultimate users for purposes of a pyramid scheme analysis. Read More ›

FTC Expresses Concern with MLM Component

The FTC’s settlement with Fortune Hi-Tech continues the agency’s push to permit only commissions on third-party sales. Read More ›

NAD Clarifies Standard for "Puffery"

The National Advertising Division, a specialized dispute resolution forum administered by the Council of Better Business Bureaus, recently clarified the standard for determining whether statements are mere "puffery," rather than unsupported superiority messages. Read More ›

Andrew Lustigman Speaking at this Year's BAA Marketing Law Conference

Andrew Lustigman will speak at the 35th BAA Annual Marketing Law Conference in Chicago, IL on November 18-20, 2013. Read More ›

Reminder: TCPA Changes Are Coming - Express Written Consent Required For All Pre-Recorded Telemarketing Calls

As a reminder, last year the FCC revised its rules for auto-dialed calls to completely eliminate the established business relationship (EBR) exemption for calls to landline numbers. The new regulations go into effect on October 16, 2013. Read More ›

FTC Seeks To Narrow Telemarketing Sales Rule

The FTC has proposed new amendments to the Telemarketing Sales Rule. Importantly, the proposed changes would bar non-traditional payment mechanisms such as remotely created checks. The proposed rules also clarify other provisions of the Rule. 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 ›