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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.

New Jersey State Court Successfully Dismisses Consumer Fraud Act Class Action Suit on Behalf of Olshan Client

Posted on January 19, 2022 by Scott Shaffer

As reported in The New Jersey Law Journal (subscription required), Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a class-action lawsuit filed under New Jersey’s Consumer Fraud Act. Read More ›

Tags: Advertising, Marketing & Promotions News, Class Action, Class Action Lawsuit, Consumer Fraud, Consumer Fraud Act, New Jersey  |  Comments

Law360 Quotes Andrew Lustigman on Consumer Protection Cases and Policies to Watch in 2022

Posted on January 10, 2022 by Andrew B. Lustigman

Andrew Lustigman, Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, was quoted in Law360 (subscription required). Read More ›

Tags: Consumer Protection, FTC, FTC restitution  |  Comments

Olshan Advertising and Branding Law Groups' Key Issues in 2022

Posted on December 17, 2021 by Andrew B. Lustigman, Morgan E. Spina, Scott Shaffer, Mary L. Grieco, Tamara Carmichael

Happy holidays! We hope you are safe and healthy. As we enter the new year, Olshan’s Advertising and Branding law groups shares their list of hot topics that look to be on the horizon for 2022. If you have any questions on these or other issues, please reach out to us.  Read More ›

Tags: Advertising Law, Automatic Renewal, Copyright Infringement, FTC, New York’s Automatic Renewal Law, NFT, Telephone Consumer Act  |  Comments

NFT Boom Projected to Continue in 2022

Posted on December 8, 2021 by Tamara Carmichael

Non-fungible tokens or “NFTs” are projected to continue to grow as an integral part of branding strategies during 2022.  NFTs are unique and verifiable digital assets that, like cryptocurrency, are stored on a digital ledger or “blockchain” (such as Ethereum) and can be traded via online platforms that support NFTs (such as OpenSea).  Unlike cryptocurrency that can be traded or exchanged one-for-one with a like kind (i.e., one bitcoin equals another bitcoin), each NFT contains a digital signature that renders it “non-fungible” or one-of-a-kind.  NFTs are generally digital representations of real-world items such as music, audio, video, text and art.  NFTs first garnered widespread media coverage in March 2021 when the artist Beeple sold an NFT representing a collage of 5,000 digital images at auction at Christie’s for over $69 million.  Read More ›

Tags: NFT  |  Comments

Andrew Lustigman and Morgan Spina to Speak on LAWorld’s Virtual Workshop Panel

Posted on October 14, 2021 by Andrew B. Lustigman, Morgan E. Spina

Andrew Lustigman,  Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, and associate Morgan Spina will speak on a virtual panel entitled “Advertising, Sweepstakes, Promotions and Competitions Workshop” hosted by LAWorld. Read More ›

Tags: Advertising Law, Sweepstakes Law, webinar  |  Comments

CBD Again Rejected as a Dietary Supplement

Posted on August 13, 2021 by Andrew B. Lustigman

While many marketers of CBD products label such products as “dietary supplements,” the FDA has made clear that it rejects the designation under the current regulatory standards.  The FDA’s recent pronouncement is consistent with its previously stated position that such products may not be marketed as dietary supplements because of a drug approval for the ingredient. Read More ›

Tags: cannabis, CBD, dietary supplements, FDA  |  Comments

CARU Issues Revised Guidelines for Responsible Advertising to Children

Posted on August 3, 2021 by Andrew B. Lustigman, Morgan E. Spina

The self-regulatory body that oversees advertising aimed at children, the Better Business Bureau (“BBB”) National Programs’ Children’s Advertising Review Unit (“CARU”), has issued revised CARU Advertising Guidelines (the “Revised Guidelines”). The Revised Guidelines state that advertisers recognize that children have limited knowledge and sophistication, and as such their ability to evaluate the credibility of advertising is limited. It is within this context that the Revised Guidelines seek to ensure that advertising directed to children is not deceptive or inappropriate. The Revised Guidelines apply to advertising content targeting children under the age of 13. Read More ›

Tags: Advertising, Advertising Disclosure, Advertising Law, Children's Advertising, Children's Advertising Review Unit (CARU)  |  Comments

Colorado Enacts New Automatic Renewal Law

Posted on August 3, 2021 by Andrew B. Lustigman, Morgan E. Spina

On July 9, 2021, the Colorado Governor signed Colorado House Bill No. 1239 into law, resulting in Colorado becoming the latest state to enact new automatic renewal and cancellation procedures applicable to consumer sales contracts. In addition to addressing general automatic renewal contracts, the new Colorado law establishes certain requirements regarding the execution and enforcement of dating service contracts. Read More ›

Tags: Advertising Law, Automatic Renewal, Colorado  |  Comments
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