Posts from April 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 Red Flags Rule is summarized by the FTC's release.

As described in this article from Reuters, FTC Chairman Jon Leibowitz told the Reuters Global Financial Regulation Summit in Washington on Monday, April 27th, 2009...

The Federal Trade Commission has announced that it will hold a day-long public workshop on June 1, 2009 in Washington, DC, to explore proposed changes to the FTC's Business Opportunity Rule.

Signaling an increased activism on consumer protection issues, newly appointed FTC Chair Jon Leibowitz appointed Georgetown Law Professor David C. Vladeck as the Director of the Bureau of Consumer Protection.

On May 11, 2009, Andrew Lustigman will be presenting on "Avoiding GREENWASHING Accusations on the Global Stage" before the International Intellectual Property Society in New York.

Just last week, the Second Circuit Court of Appeals issued an important trademark ruling that affects how businesses can advertise with Internet search engines.

The New Jersey Attorney General filed suit against Verizon alleging that its marketing, sales, billing and customer service practices for its FiOS television, telephone and internet services are deceptive and misleading.

Chase offered some credit cardholders promotional rates for balance transfers that clearly included a one-time transaction fee.

There is a proposed Settlement of a consolidated class action lawsuit known as In Re:, Inc. Marketing and Sales Practices Litigation, MDL No. 07-01820-JLT, Lead Case No. 06-11620 JLT, that is pending in the U.S. District Court for the District of Massachusetts.

In January, 2009, the Ninth Circuit Court of Appeals ruled that Taco Bell is liable for the $42 million in breach-of-contract damages award to two Michigan admen who created the Chihuahua idea that served as the foundation for the fast-food chain's hit $500 million ad campaign in the 1990s. The campaign starring the talking dog as a beret-wearing revolutionary or sombrero-sporting bandit was a huge success.

Without the benefit of public comment, The FTC has announced that it is rescinding the agency's enforcement policy regarding the advertising of books and publications, known as the Mirror Image Doctrine.

Andrew Lustigman to present on "Direct Marketing Enforcement - Emails, Mailings, and Telemarketing" at ACI's 3rd Annual Advertisers' and Marketers' Regulatory Summit to be held on June 25-26, 2009 in Washington, D.C.

ndrew Lustigman to present on "Recent Developments in Advertising and Claim Substantiation "at the Insight 6th Annual Cosmeceuticals" Conference on June 30, 2009 at the Marriott New York East Side in New York.

In January 2007 the Federal Trade Commission (FTC) hosted a workshop to discuss negative option marketing. The workshop focused particularly on Internet-based negative option offers, because they were relatively new and presented distinct issues regarding the form, content, and timing of disclosures.

Six state and national environmental health groups, including the Sierra Club and the American Lung Association, lead by Earthjustice, a non-profit public interest law firm based in Oakland, California, filed a lawsuit in New York state court this month to force major U.S. manufacturers-Church & Dwight, Colgate-Palmolive and Proctor & Gamble as well as England-based Reckitt Benckiser Group-to disclose ingredients in their household cleaning products.

On March 4, 2009 the U.S. Supreme Court decided the controversial case of Wyeth v. Levine in favor of patient-plaintiff Diana Levine. The Court rejected Wyeth's argument that the FDA's approval of its labeling pre-empted a claim for personal injury arising from a failure to warn.


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