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.
Olshan Frome Wolosky LLP is pleased to announce that three of the firm’s partners, including Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco, have been ranked in The Legal 500’s New York City Elite series.
Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman has been named to the 2026 Lawdragon 500 Leading Global Entertainment, Sports & Media Lawyers list.
Chair of the firm's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman will participate in a panel entitled “Making Health Claims: Navigating Scrutiny, Science, and Strategy” as part of ACI’s 9th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation on February 5, 2026, at 2:45 P.M. at the New York City Bar Association in NYC. Andy’s fellow panelists include Penelope Barnett, Vice President, Chief Marketing Counsel NA at Colgate-Palmolive; Megan Olsen, Senior Vice ...
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will deliver a presentation for a myLawCLE webinar entitled “False Advertising Litigation: Affirmative Challenges, Defense Strategies, and Risk Mitigation” on January 14 from 1:00 P.M. - 3:10 P.M. EST.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group, was quoted in a New York Law Journal article (subscription required) on how, in this new era of AI-driven “content churn,” the law firms that stand out and maintain client trust are those that prioritize authenticity, depth and specialized insight over speed and volume.
Following significant enforcement of automatic renewal laws in 2025, enrollment and cancellation of continuity programs are expected to remain a top priority for regulators and legislators in 2026. While the Eighth Circuit’s vacating of the FTC’s recent Negative Option Rule brought great headlines, its impact was minimal given the continued legislative actions creating their own laws. For example, California, New York, Massachusetts and Connecticut all passed laws enhancing their existing automatic renewal requirements, fostering a hodge podge of compliance ...
As AI increasingly becomes the “plastics” (the famous line in The Graduate) of this era, politicians and regulators are increasingly focused on enforcement of applicable standards while at the same time balancing the advancement of the technology.
On the federal side, on December 11, 2025, President Trump issued the Executive Order “Ensuring a National Policy Framework for Artificial Intelligence,” that grants the United States Attorney General to sue states of AI regulations that are inconsistent with the Order’s policy goals, including laws that can regulate ...
Despite predictions to the contrary, the first year of the Trump led FTC has been surprising to many observers on its lack of consumer protection enforcement actions. To that end, the state attorneys general have been increasingly active in terms of enforcing their own consumer protection laws, including focusing on the social media channels. In December, a bipartisan coalition of three dozen state attorneys general urged the social media platform operator Meta to enforce its own policies about pharmaceutical and wellness ads on Instagram and Facebook and take additional ...
In August 2025, a federal judge in Philadelphia dismissed claims against a group of food manufacturers (Kraft Heinz, Coca-Cola, Pepsi, Mondelez, Kellog, General Mills, etc.) accusing them of engineering ultra-processed foods to be addictive and harmful. In December, however, the City of San Francisco filed an even more comprehensive lawsuit against many of the same companies, seeking to recover financial penalties for the immense healthcare costs to uninsured consumers as well as to end deceptive and child-targeted marketing of foods containing unhealthy additives.