https://www.olshanlaw.com/Advertising-Law-Blog/2018/ Tue, 06 Oct 2026 16:51:55 -0400 https://www.olshanlaw.com/Advertising-Law-Blog/ftc-deputy-director-provides-data-breach-litigation Scott Shaffer ftc-deputy-director-provides-data-breach-litigation Mon, 17 Dec 2018 09:00:01 -0500 FTC must react to Eleventh Circuit’s LabMD ruling

]]> https://www.olshanlaw.com/Advertising-Law-Blog/the-use-of-consumer-perception-surveys-in the-use-of-consumer-perception-surveys-in Tue, 11 Dec 2018 09:00:02 -0500 The use of consumer perception surveys before the National Advertising Division (“NAD”) is an important tool for advertisers who are challenging and defending advertisements.  NAD often expresses a wish to see surveys in their opinions, and surveys are one way for NAD to determine the messages conveyed to consumers in advertisements.  On December 7th, the Advertising Self-Regulatory Counsel (“ASRC”) hosted an informative conference on consumer perception surveys which gave insight into the use of such surveys before NAD over the last five years and guidance into what makes a good survey from experts and from the perspective of NAD. 

]]> https://www.olshanlaw.com/Advertising-Law-Blog/california-federal-court-approves-settlement-in-automatic Andrew B. Lustigman, Morgan E. Spina california-federal-court-approves-settlement-in-automatic Wed, 05 Dec 2018 09:00:03 -0500 Many online ecommerce companies operate on a subscription model.  Such companies need to be cognizant of federal and state laws governing advertising and enrollment in continuous service plans.   The failure to consider particular state requirements can have significant consequences given the aggressive plaintiffs’ bar.  A recent federal-court approved settlement between Yahoo Inc. and users of Rivals.com highlights this exposure.  

]]> https://www.olshanlaw.com/Advertising-Law-Blog/courts-cast-doubt-on-the-ftcs-power Andrew B. Lustigman, Morgan E. Spina courts-cast-doubt-on-the-ftcs-power Wed, 05 Dec 2018 09:00:04 -0500 The FTC heavily relies upon its statutory authority to seek injunctive relief in federal court.  The FTC has broadly interpreted these powers to seek not just injunctive relief enjoining a particular practice, but monetary relief in the form of disgorgement.  Moreover, the FTC has taken the position that defendants in such actions are not entitled to a jury trial, because the relief being sought is merely equitable. 

]]> https://www.olshanlaw.com/Advertising-Law-Blog/fda-issues-further-warning-letter-to-e Andrew B. Lustigman, Morgan E. Spina fda-issues-further-warning-letter-to-e Wed, 05 Dec 2018 09:00:05 -0500 The FDA and FTC together have recently issued 13 warning letters to manufacturers, distributors, and retailers, cautioning against the sale of e-liquids for use in e-cigarettes using labeling and/or advertising that is similar to that which is found on children’s food products, like juice boxes, candies, or cookies.  The warning letters were sent in furtherance of the FDA and FTC’s efforts to protect young people from the dangers of nicotine and tobacco products. 

]]> https://www.olshanlaw.com/Advertising-Law-Blog/boxing-legend-pays-614-000-to-avoid Scott Shaffer boxing-legend-pays-614-000-to-avoid Mon, 03 Dec 2018 09:00:06 -0500 Floyd Mayweather, Jr. Failed To Disclose He Was Paid For Social Media Posts

]]> https://www.olshanlaw.com/Advertising-Law-Blog/bbb-launches-adtruth-consumer-reporting-service bbb-launches-adtruth-consumer-reporting-service Fri, 30 Nov 2018 09:00:07 -0500 Better Business Bureau (“BBB”) recently announced the launch of its new consumer reporting service, “BBB AdTruth,” an online tool via which consumers can report advertisements they believe to be fraudulent, confusing or unsubstantiated.  Upon such reporting, BBB advertising review specialists will investigate and assess the particular ad’s truthfulness.

]]> https://www.olshanlaw.com/Advertising-Law-Blog/has-the-gdpr-been-domesticated-look-out has-the-gdpr-been-domesticated-look-out Thu, 29 Nov 2018 09:00:08 -0500 Following the enactment of the European Union’s General Data Protection Regulation (“GDPR”), which went into effect on May 25, 2018, California has signed the California Consumer Privacy Act of 2018 (CCPA) into law, which will become operative on January 1, 2020.  While companies who are now GDPR compliant will be in a better position to become compliant for CCPA purposes, there are still steps that even GDRP-compliant companies will need to take to become CCPA compliant.  The full text of the CCPA can be viewed here.   

]]> https://www.olshanlaw.com/Advertising-Law-Blog/supreme-court-to-hear-tcpa-fax-case Scott Shaffer supreme-court-to-hear-tcpa-fax-case Wed, 14 Nov 2018 09:00:09 -0500 Is an offer of a free e-book an advertisement?

]]> https://www.olshanlaw.com/Advertising-Law-Blog/andrew-lustigman-quoted-in-pacermonitor-on-recent Andrew B. Lustigman andrew-lustigman-quoted-in-pacermonitor-on-recent Wed, 10 Oct 2018 09:00:10 -0400 Andrew Lustigman was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands.

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