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.
Floyd Mayweather, Jr. Failed To Disclose He Was Paid For Social Media Posts
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.
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.
Andrew Lustigman was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands.
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 article about the Federal Trade Commission’s suit against A&O Enterprises Inc. for making false claims about their intravenous therapy products.
The Federal Trade Commission (“FTC”) has approved revisions to its Jewelry Guides. The FTC’s Jewelry Guides aim to help marketers in the jewelry industry avoid consumer deception, while simultaneously interpreting how Section 5 of the FTC Act applies to certain practices in the industry. Section 5 of the FTC Act declares unlawful any “unfair or deceptive practices in or affecting commerce.” The FTC has released other similar industry-specific reports and guidelines including, for example, reports and guidelines related to the clothing and textiles industry, finance industry, and tobacco industry. As the jewelry industry evolved, it became clear to the FTC that a revision of its Jewelry Guides was warranted. As such, these recent revisions seek to encompass and address new issues facing the industry.
The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?"
Olshan partners Steve Wolosky, Andrew B. Lustigman, Thomas D. Kearns, Eric L. Goldberg, Stephen L. Ferszt and of counsel Samuel P. Ross have been selected by their peers for inclusion in The Best Lawyers in America© 2019.
First-of-its-kind ruling broadens the reach of the TCPA