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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 6 posts in FTC Guidance.

“Shark Tank” APP FTC Case Provides Lessons to Early Stage Tech Companies

Many early stage technology-based companies with promising ideas may compromise substantiating their product’s performance claims with the belief that there is time for compliance down the road.   The FTC’s recent case against the marketers of two app-supported smartphone accessories, advertised to accurately measure consumers’ blood alcohol content, and who received funding on Shark Tank, highlights the risk in waiting. Read More ›

Lustigman Quoted in Fashion Law Blog on Social Media Influencers and Appropriate Disclosure

Andrew Lustigman, head of the firm’s Advertising, Marketing & Promotions Practice Group, was quoted in Fashion Law Blog in separate articles titled “A How-To Guide for Properly Disclosing Your Sponsored Posts” and “EXCLUSIVE: The Dirty Advertising Practices of the Industry's Biggest Brands, Bloggers” addressing native advertising and the FTC, social media influencers and bloggers not adhering to appropriate disclosure guidelines. Read More ›

Lustigman Quoted in Contently on the FTC, Native Advertisement, and Influencer Marketing

Andrew Lustigman, head of the firm’s Advertising, Marketing & Promotions Practice Group, was quoted in the article “Under the Influence” published in Contently on April 20th, 2016, following the FTC’s Lord & Taylor settlement focusing on native advertisements and influencers. Read More ›

Andrew Lustigman Quoted in Law360 Regarding FTC’s Lord & Taylor Settlement

Andrew Lustigman, head of the firm’s Advertising, Marketing & Promotions Practice Group, was quoted following the FTC’s Lord & Taylor settlement focusing on native advertisements and endorsements in the article, “FTC's Lord & Taylor Action Shows Perils Of New Ad Strategies,” published in Law360 on March 15, 2016. Read More ›

Massachusetts District Court Dismisses Class Action Alleging Deceptive Pricing by Kohl’s

Retailers across the country have been facing  private class action lawsuits alleging that certain discount pricing practices constitute false advertising based on the allegation that the discount is fictitious.  Discount retailer, Kohl's, recently obtained dismissal of one such action. Read More ›

FTC Native Advertising Guidelines Will Likely Trigger Future Enforcement

The FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements and business guidance detailing the agency’s position with respect to native advertising reinforces advertisers’ obligation to be transparent and authentic.  Moreover, with the increasing prevalence of native ads, the FTC’s announcements likely will trigger enforcement actions in the not too distant future. Read More ›