Posts from January 2009.

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.

The FTC has extended the current public comment period related to proposed revisions of its Guides Concerning the Use of Endorsements and Testimonials in Advertising until March 2, 2009.

Fourteen defendants involved in the telemarketing operation by Largo, Florida-based Suntasia Marketing, Inc. have agreed to pay a total of more than $16 million to settle Federal Trade Commission charges.

According to the joint press release, the American Association of Advertising Agencies (AAAA), the Association of National Advertisers (ANA), the Direct Marketing Association (DMA), and the Interactive Advertising Bureau (IAB) are "working together to develop enhanced self-regulatory principles for online behavioral advertising in order to address privacy concerns and to increase consumers' trust and confidence in how online information is gathered and used."

The April 2008 law required those online marketers with affiliate programs whose NY-based affiliates generated $10,000 or more in sales to collect and pay sales tax on all New York-bound shipments. had challenged the law as being unconstitutional.

On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act").

On March 2, 2009, Andrew Lustigman will present at HBA's Global X-Ceuticals Expo on the legal framework for Marketing Innovative, Synergistic Food/Cosmetic Products.

A District Court in Texas has been asked to decide whether an athlete has the exclusive right to his own nicknames.

The Federal Trade Commission announced that it had approved new rule provisions intended to clarify CAN-SPAM requirements.

The FTC recently proposed significant revisions to its endorsement and testimonial guides that if implemented, will greatly impact advertising utilizing testimonials.


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