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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.

FCC To Create Reassigned Phone Number Database

But Don’t Expect the Database Until 2020 at the Earliest Read More ›

Better Business Bureau creates the Direct Selling Self-Regulatory Council (DS-SRC)

New self-regulatory program will actively monitor the direct-selling marketplace Read More ›

What Does the Farm Bill Mean for CBD/Hemp Products?

The recently enacted Farm Bill amends the Controlled Substances Act so that  hemp and CBD products containing trace amount of THC are not classified as Schedule 1 controlled substances.    While many are excited about this amendment, the law does not change FDA’s regulatory requirements for CBD-containing products under its regulatory jurisdiction. Read More ›

FTC Deputy Director Provides Data Breach Litigation Update

FTC must react to Eleventh Circuit’s LabMD ruling Read More ›

The Use of Consumer Perception Surveys in NAD Cases and How to Get Them Right

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.  Read More ›

Courts Cast Doubt on the FTC’s Power to Sue Based on Past Conduct

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.  Read More ›

FDA Issues Further Warning Letter to E-Liquid Company

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.  Read More ›

California Federal Court Approves Settlement in Automatic Renewal Case

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.   Read More ›

BBB Launches AdTruth Consumer Reporting Service

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. Read More ›

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