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Advertising Law Blog

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.

Olshan to Host INTA Roundtable on March 6

Olshan will host an INTA Roundtable on March 6, 2018 Read More ›

Apple Hit with Slew of Class Actions over Throttling Practice

At last count, 60 lawsuits are pending vs. cellphone giant
Read More ›

Leading Internet Case Law Publishes Article by Andrew Lustigman on California’s Auto-Renewal Laws

Andrew Lustigman published an article in Leading Internet Case Law entitled “eHarmony Settlement Illustrates Changes Required in E-Commerce Subscriptions Programs.” Read More ›

FTC Settles with Bollman Hat Company Regarding its Deceptive “Made in USA” and Certification Claims

Even though products that are Made in the USA are sometimes more expensive than imported products, many American consumers prefer to buy Made in the USA products, especially in today’s climate. Products that are Made in the USA help to provide jobs to Americans, promote American independence, and presumes a better quality product.  Companies should be warned that if they make a claim that their products are Made in the USA, the claim needs to be true so that consumers are not deceived.   Read More ›

Andrew Lustigman Speaking at the 4th Annual Entertainment & Sports Law Symposium

4th Annual Entertainment & Sports Law Symposium at Syracuse University College of Law. Read More ›

Facebook Updates “Branded Content Policy”

Over the last several years, the use of social media as a vehicle for advertising has grown exponentially.  As discussed in prior blog posts, examples of which you can find here and here, the Federal Trade Commission (“FTC”) has released guidelines pertaining to such paid social media posts, requiring that any material connections between advertisers/brands and those social media users posting the content is clearly and conspicuously disclosed.     Read More ›

NAD Re-Opens Dietary Fiber Case from 1994 Citing "Extraordinary Circumstances"

In a departure from past practice, NAD found that GSK Consumer Health (“GSK”) can support certain claims after Proctor & Gamble Company (“P&G”) successfully petitioned NAD to re-open a case heard by NAD in 1994. Read More ›

Checked Box Not Enough To Prove Consent To Receive Text Messages

Online Retailer must go to trial or settle Read More ›

FCC Supreme Court Filing Supports Limiting of FCC’s Own Regulation

Supreme Court considering solicited fax rule for faxed advertisements Read More ›

New Jersey Seeks to Prohibit Telemarketing Calls that Deliver Voicemail without Customer’s Telephone First Ringing

With the decline in available means to contact consumers by phone, ringless voicemail is an increasingly popular marketing technique. While the FCC petition for clarification as to whether ringless voicemail triggers TCPA obligations was withdrawn, regulation of the practice is by no means clear.  Read More ›