Add blog to your RSS reader
Get blog updates by emailPopular Topics
All Topics
- .Com Disclosure Guide
- 140conf
- 140conf Long Island
- 140confLI
- 47 USC 230
- AAA
- ACI 2017
- Ads
- Advance Registration
- Advertising
- Advertising Agencies
- Advertising Agency
- Advertising Disclosure
- Advertising Industry
- Advertising Injury
- Advertising Law
- Advertising Practice
- advertising self-regulation
- Advertising Self-Regulatory Council
- Advertising Software
- Advertising, Marketing & Promotions News
- Advertorials
- Advisory
- Affiliate Marketing
- Affiliate Program
- All Natural
- Amazon
- Amazon Silk
- Amazon Tax
- Amazon.com
- Amendments
- American Advertising Federation
- American Bar Association
- Americans with Disabilities Act
- Android
- Annual Audit
- Annual Fee
- anti-fraud
- App Developers
- Apple
- Apps
- Arbitration
- Arbitration Clause
- Arbitration Rules
- Ashley Madison
- ASRC
- AT&T Mobility LLC v. Concepcion
- ATDS
- Attorney
- Attorney General
- Audio Beacons
- Augme
- Auto-dial
- Automatic Renewal
- Automobiles
- BBB AdTruth
- Bead Art Playsets
- Behavioral Advertising
- Best Lawyers
- Blackberry
- Bloggers and Influencers
- Bloomberg BNA
- Brain Training
- Brands
- Breach
- Burden of Proof
- Business Law
- Business, Marketing & Promotions News
- Buyers
- California Auto-Renewal Task Force
- California Consumer Privacy Act
- California Department of Alcoholic Beverage Control
- California’s Automatic Renewal Law
- California’s Unfair Competition Law
- Campaigns
- CAN-Spam
- Cancer Fund of America
- cannabis
- Caribbean & Latin American Corporate Counsel Summit 2017
- CARU's Guidelines
- CAS
- Cash prizes
- CASL
- CBBB
- Celebrity Images
- Cell Phone Applications
- Cell phones
- CFPB
- CGMP
- Chambers 2017 USA Guide
- Chantal Tode
- Charge Pop-ups
- Charity Fundraising
- Charity Regulators
- Children's Advertising
- Children's Advertising Review Unit (CARU)
- children's marketing
- Children's Privacy
- Civil Penalties
- Class Action
- Class Action Lawsuit
- Class Certification
- Clean Diesel
- Cognitive Claims
- Colorado
- Commerce Department
- Commercial Advertising
- Commercial Electronic Mail Act (CEMA)
- Communications Decency Act
- compliance
- conference
- Consumer Complaints
- Consumer Complaints List
- Consumer Contracts
- Consumer Data
- Consumer Fraud
- consumer health guidelines
- Consumer Privacy
- Consumer Privacy Bill of Rights
- Consumer Protection
- consumer protection laws
- Consumer Sentinel Network
- Contract
- COPPA
- COPPA FTC Olshan Advertising Marketing Promotions Privacy
- Copyright Act
- Copyright Alert System
- Copyright Infringement
- Copyright Infringement Abroad
- Copyright, Trademark and Other Intellectual Property
- Corporate Law
- Council of Better Business Bureau
- Counterclaims
- Court Decisions
- Cramming
- Credit Card Payment Surcharges
- Crowdfunding
- Cryptocurrency
- cybersecurity
- D.C. Circuit Court
- Daily Fantasy Sports Contests
- data breach
- Data Broker
- Data Collection Practices
- Data Protection
- Data Security
- Data Transfers
- Debt collectors
- Deceptive Advertising
- Deceptive Pricing
- Deceptive Tracking
- Department of Commerce
- Department of Labor
- Department of Labor (DOL)
- dietary supplements
- Digital
- Digital Advertising
- Digital Media
- Direct listings
- Direct Marketers
- Direct marketing programs
- Direct response marketing
- DirectTV
- Disclosure
- Disclosure Obligations
- Disclosure Rules
- Discounts
- DMA
- DMCA
- Do Not Call
- Do Not Track
- Domain Extensions
- Domino's Pizza
- Dot Com Disclosures
- DPPA
- DraftKings
- Drawing By Chance
- Elder Abuse Prevention and Prosecution Act
- Emissions Testing
- endorsement
- Enforcement Action
- Enhanced Ads
- Entry Fee
- EPA
- Epic
- EU Commission
- EU-US Privacy Shield
- European Commission
- European Court of Justice (ECJ)
- European Union
- European Union registration holders
- European Union Trademark
- Exchange listing
- Ezor
- Factory outlets
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collections Practices Act
- Fair Information Practice Principles
- Fair Labor Standards Act
- False Advertising
- FanDuel
- Fantasy Contests Act
- Fantasy Sports
- Fantasy Sports Operators
- Farm Bill
- Fax broadcsters
- Faxes
- FCC
- FCC Developments
- FCC Solicited Fax Rule
- FDA
- FDCA
- Federal Laws & Regulations
- Federal Overtime Regulations
- Federal Trade Commission
- Final Rule
- FIPP
- First Amendment
- Fit Products
- Fit Tea
- Florida
- Force Majeure
- Fraud
- FTC
- FTC Act
- FTC Guidance
- FTC restitution
- FTC’s Jewelry Guides
- Gambling
- Gambling Laws
- Game Promotions
- GDPR
- General Data Protection Regulation
- Geo-targeted Advertising
- Georgia
- Guide
- HARO
- Health-related Mobile Apps
- Health-related Products
- Healthy
- HIPAA
- History Sniffing
- HitPath
- Homestead Laws
- HTC
- Hurricane
- IAB
- ICANN
- illegal content
- Illegal Gambling
- Illinois
- IMDb
- Influencer Marketing
- Injury in Fact
- Insider Trading
- Inspection Resources
- Insurance Company
- Insurance Coverage
- INTA
- Intellectual Property
- Internet and Privacy Law
- iOS
- Iowa
- IP Awareness Assessment Tool
- IPOs
- Jeff Pulver
- Jewelry
- JOLT
- Jurisdiction
- Kindle Fire
- Lanham Act
- Law
- Law Enforcement
- Law Review Article
- law school
- Laws
- Leading Lawyers
- Lee Bogner
- Legal 500 United States 2017
- Legislation
- letter of consent
- Licensing Fees
- Lily Robotics
- List managers
- Litigation
- Lumosity
- Lumosity ads
- Lumosity games
- Lustigman Firm
- Luxury Daily
- made in the usa
- Magazine publishers
- Mail Order Sales Rule
- Manufacture
- Manufacturer’s Suggested Retail Price (“MSRP”)
- Marden-Kane
- Marketing
- Marketing & Promotions News
- Marketing and Advertising Law
- Marketshare
- Mass texts
- Material Disclosures
- Mc Donalds
- Media and Entertainment
- Media Companies
- Microsoft
- MLM
- Mobile Financial Services
- Mobile In-app Charges
- Mobile Marketer
- Mobile Marketing
- Mobile Payment Systems
- Mobile Payment Systems Security Programs
- Mortgage Bankers Association
- Mortgage Investors
- NAD
- NARB
- Native Advertising
- Native Advertising Guidelines
- Nautilus, Inc.
- Network Advertising Initiative
- New Jersey
- New Jersey Supreme Court
- New York
- New York Law Journal
- Nomi
- Non-commerical Calls
- Non-profit Organization
- Notice
- Nutrient Content
- NY Attorney General
- objective consumer harm
- Off-label Prescriptions
- Office for Civil Rights (OCR)
- Office of Foreign Assets Control (OFAC)
- Office of National Coordinator for Health Information Technology (ONC)
- Ohio
- Oklahoma
- Olshan
- Olshan Grundman
- Olshan News
- Online Advertising
- Online Apps
- Online Cancellation
- Online Contracts
- Online Discount Pricing
- Online Entertainment Co
- Online Retail
- Online Reviews
- Online Tracking
- Online travel agencies
- Overstock
- Paid Promotions
- Patents
- Payment Methods
- Penny Auction
- Performance Marketing
- Personally Identifiable Information
- Pet Care
- Peter Shankman
- Pharmaceutical Manufacturers
- pre-orders
- Pre-recorded Message
- Price Match Guarantee
- Pricing Guides
- Pricing Practices
- Privacy
- Privacy Act
- Privacy Policy
- Privacy Practices
- Privacy Shield
- Pro-Consumer
- Products
- Professional Association for Customer Engagement (PACE)
- Promotion
- Proposed Rulemaking
- Public Database
- Publication of Age
- Publisher Magazine
- Q&A
- RCT Requirements
- Real Estate
- Real-estate-advertising
- Reasonableness
- Registration
- Regulations
- Resale Value
- Restrictions
- Retail Stores
- Revisions
- Risk
- Robocalls
- Roundtable
- Safe Harbor
- Sales
- Sales Practices
- Sales Tax
- Sandy
- SDNY
- SEC
- SEC disclosure
- SEC disgorgement
- SEC Form 10
- Section 17600 of the Business and Professions Code
- Securities Act of 1933
- Securities Act Section 17(b)
- Securities Exchange Act of 1934
- self-regulatory
- Sellers
- Service-Mark Infringement
- Settlement
- Sex Offenders
- SilverPush Apps
- Skill Contest
- Skin Care Products
- Smartphone
- Social Media
- Social Media Accounts
- Social Media Marketing
- Social Media Posts
- Social Networking
- South Dakota
- Southern District of Florida
- Spam
- Special Olympics
- Spotify
- State Law
- Statute of Limitations
- Subscribers' privacy rights
- Subscription Arrangements
- substantiation rules
- Super Lawyers
- Supreme Court
- Sweeping
- Sweepstakes Law
- Sweeptstakes Contest
- symposium
- Tasty
- TCCWNA
- TCPA
- TCPA Appeals
- TCPA Claim
- TCPA Class Actions
- TCPA Lawsuit
- TCPA Liability
- TCPA Regulation
- TCPA Ruling
- Tech Companies
- Tech Day New York 2017
- Telecom Law
- Telemarketers
- Telemarketing
- Telemarketing Calls
- Telemarketing Law
- Telemarketing Sales Rule (TSR)
- Telephone Consumer Act
- Terms & Conditions
- Text Message Ads
- Text Messages
- Text Messengers
- Textile Fiber Products Identification Act
- The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses
- The Electronic Retailing Self-Regulation Program
- The Kardashians
- The Pennsylvania Record
- Third Circuit Court
- Throttling
- Top Ten Complaints
- Trademark Clearinghouse
- Trademark Protection
- Trademark Rights
- Trademarks
- Transactions
- Transnational Criminal Organization (TCO
- Truth-in-Consumer Contract, Warranty & Notice Act
- U.S. Patent and Trademark Office
- Unauthorized Data
- United Kingdom
- Unsolicited Advertisement
- US Supreme Court
- Use Tax
- Velti
- Vermont
- Vermont House Bill 593
- Vicarious Liability
- Violations
- virtual reality
- Wal-Mart v. Dukes
- Warning Letter
- Washington D.C.
- Washington Law
- Washington’s Consumer Protection Act
- Web Agreements
- Web Browsers
- webOS
- Websites
- Western District of Washington
- White House
- World Trademark Review
Recent Posts
- NAD Finds “#1” Claims Supported in Two Recent Decisions
- Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof
- ERSP Recommends That Yoga Apparel Company Modify Instagram Posts to Disclose Material Connection Between the Brand and Influencers
- FTC and FDA Send Warning Letters to E-Liquid Companies Related to Deficient Social Media Endorsements
- The California Department of Alcoholic Beverage Control Issues Advisory on Club Renewals
- NAI Announces Updated Code of Conduct
- The SEC Looks for More Transparency in Influencer Marketing
- Will The New Do Not Track Act Become Federal Law?
- Kawhi Leonard Sues Nike Over the KL2 Logo
- Indiana AG Sues Promotions Company over Deceptively Advertised Sweepstakes
Archives
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
Contact Us
212.451.2258
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.
Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof
Disgorgement Avoided Even Though Liability Established Read More ›
NAD Finds “#1” Claims Supported in Two Recent Decisions
The National Advertising Division of the Better Business Bureau (“NAD”) recently found two separate “#1” claims to be sufficiently supported, thereby providing valuable insight to advertisers regarding the type and degree of information required to support such a claim. Read More ›
ERSP Recommends That Yoga Apparel Company Modify Instagram Posts to Disclose Material Connection Between the Brand and Influencers
The Electronic Retailing Self-Regulation Program (“ERSP”) has recommended that Alo, LLC (“Alo Yoga”) modify the Instagram posts of certain influencers of its products to disclose the material connection between Alo Yoga and the influencers. Read More ›
FTC and FDA Send Warning Letters to E-Liquid Companies Related to Deficient Social Media Endorsements
As we have discussed in a prior post, the FTC and FDA have been involved in a joint effort to curb non-compliant labeling and/or advertising of e-liquids for use in e-cigarettes. For the most part, the agencies have been focused on protecting children and young people from the dangers of nicotine and tobacco products by cautioning manufacturers, distributors and retailers of e-liquid products against using labeling, packaging and/or advertising that resembles children’s food products, like juice boxes, candies or cookies. Read More ›
The California Department of Alcoholic Beverage Control Issues Advisory on Club Renewals
On June 17, 2019, the California Department of Alcoholic Beverage Control (the “Department”) issued an Industry Advisory to its licensees in the alcoholic beverage industry regarding club renewals (the “Advisory”). The purpose of the Advisory is to alert its licensees to the legal requirements for subscription services or other purchasing agreements, which commonly operate in the alcoholic beverage industry as wine clubs, beer-of-the-month clubs and spirits clubs. The Advisory notes that when consumers sign up for these clubs and agree to receive future shipments or deliveries of wine, beer or spirits, they effectively become subscribers to the licensee’s offering of products. To the extent these memberships are creating a paid subscription or purchasing agreement that is automatically renewed, the clubs must comply with California and Federal statutes that regulate such purchasing arrangements. Read More ›
NAI Announces Updated Code of Conduct
Authored by Emma M. Lustigman, Summer Intern Read More ›
The SEC Looks for More Transparency in Influencer Marketing
The SEC’s Office of Investor Education and Advocacy warns investors to be skeptical of endorsements from famous influencers marketing new investment opportunities. Read More ›
Will The New Do Not Track Act Become Federal Law?
On May 20, 2019, Senator Josh Hawley, the Junior Senator from Missouri, announced that he will introduce the Do Not Track Act to aid consumers in controlling their personal data. The Do Not Track Act is similar to the national “Do Not Call” list, which gives individuals the power to block online companies from collecting data beyond what is necessary for their online services. Read More ›
Kawhi Leonard Sues Nike Over the KL2 Logo
Kawhi Leonard, an NBA player who plays for the Toronto Raptors, sued Nike on June 3, 2019 in the U.S. District Court for the Southern District of California, Case 3:19-cv-01035-BAS-BGS, seeking declaratory relief of non-infringement and a declaration that he created and owns the KL2 logo: 
, that Nike did not author the logo and has no rights to the logo, that Nike is not entitled to copyright registration of the logo and that Nike defrauded the Copyright Office by intentionally misrepresenting the author of the logo. Read More ›
Indiana AG Sues Promotions Company over Deceptively Advertised Sweepstakes
An advertising agency that promoted sales events on behalf of numerous Indiana motor vehicle dealerships is the subject of an Indiana Attorney General lawsuit focusing on allegedly false sweepstakes promotions. The lawsuit highlights the governments’ continued focus on direct mail sweepstakes promotions. Read More ›