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.
Andrew Lustigman's CLE course "Rolling the Dice: Legal Issues Related to Sweepstakes and Promotions" is now live at lawline.com.
A panel of lawyers discussed important issues for every mobile marketer during the "Legal Dos and Don'ts" panel at Mobile Marketing Day, hosted last week by Mobile Marketer and the Direct Marketing Association.
The state of Colorado recently passed two laws which apply to the direct marketing industry. One applies particularly to out of state sellers who do not collect and remit Colorado sales tax.
The Dannon Company recently settled a Northern District of Ohio class action, which is being characterized as one of the largest settlements of a food false advertising case.
On February 25, 2010, the FTC announced a settlement with ControlScan, a company that certifies the privacy and security of online retailers, over charges of misleading consumers. According to the FTC's release, ControlScan's seals promised consumers that it had reviewed sites' information security practices, although ControlScan performed "little or no verification" of the sites' protections.
Manufacturers, distributors and retailers of dietary supplements have become the target of new legislation proposed by Senator McCain and co-sponsored by Senator Dorgan. S.3002, The Dietary Supplement Safety Act of 2010, is currently pending before the United States Senate.
On April 8, 2010, Andrew Lustigman will Speak at the American Bar Association's 25th Annual Intellectual Property Law Conference: "Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media" in Arlington, VA .
As we previously reported the FTC has placed pressure on behavioral marketers to self-regulate or face regulation. Under this threat, a broad coalition of advertising associations moved forward on establishing an easily identifiable icon and plain language in a disclosure statement that will be linked to the icon.
A distributor of pure pomegranate juice sued a competitor company alleging that ads which claimed their juice was "100%" pure pomegranate juice with "no sugar added" were false.
In December 2009, the Interactive Advertising Bureau (IAB), a consortium of media and technology companies leading the online advertising market, joined with the Association of American Advertising Agencies (4As) in releasing Version 3.0 of their Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less.