Posts from September 2008.

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.

In FTC v. Direct Marketing Concepts, Inc., et al., the FTC obtained summary judgment against the marketers and its supporting firms relating to disease treatment, and weight loss infomercials, "Coral Calcium" and "Supreme Greens."

Andrew Lustigman will be presenting at the 30th Annual Promotion Marketing Association law Conference in Chicago, Illinois on November 21, 2008.

The California State Assembly and Senate recently passed a bill that would amend existing state law by adding numerous disclosure requirements for sweepstakes materials. California Senate Bill 1400, which could have been construed to prevent alternate methods of entry from satisfying the requirement of no consideration, and which by its terms required opt-in consent before selling or sharing information about sweepstakes participants, was substantially modified before it was put into final form.

A Magistrate Judge in the United States District Court, Northern District of California, recently rendered an important decision with potential implications for (1) any website that hosts user-supplied content; and, (2) owners of copyrighted material that is placed by others on such websites.

On October 22, 2008, Andrew Lustigman will speak at The Association of the Bar of the City of New York annual CLE "HOT TOPICS IN ADVERTISING & MARKETING-2008".

The Federal Trade Commission recently announced two important amendments to the Telemarketing Sales Rule. Published on August 29, 2008 in the Federal Register, one amendment harmonizes the FTC's call abandonment calculation standard with that of the Federal Communications Commission's standard and the other dramatically limits the FTC's current policy on pre-recorded voice calls.

A business owner has just been convicted of defrauding customers seeking sexual enhancement drugs as well as a variety of other dietary herbal supplements. Steve Warshak, CEO of Berkeley Premium Nutraceuticals ("Nutraceuticals"), was sentenced last week to 25 years in federal prison. Eight other former executives and employees also received sentences ranging from one month to one year for their roles in assisting the fraud.


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