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Recent Posts
- 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
- Supreme Court Makes Class Arbitration Decision More Difficult
- North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
- Lustigman and Spina Publish Article in ABA’s What’s In Store Newsletter on FTC’s Enforcement Authority
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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.
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 ›
Supreme Court Makes Class Arbitration Decision More Difficult
5-4 decision rejects traditional principles of contract interpretation Read More ›
North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
Following other states that have recently enacted regulations and additional restrictions on automatic renewal provisions in consumer contracts, on April 9, 2019, North Dakota House Bill 1195, which enacts a new chapter of the North Dakota Century Code relating to certain marketing practices involving automatic renewal, was signed by Governor Doug Burgum and filed with the Secretary of State. Read More ›
Lustigman and Spina Publish Article in ABA’s What’s In Store Newsletter on FTC’s Enforcement Authority
Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman and associate Morgan Spina authored an article for the ABA’s Spring 2019 What’s In Store newsletter titled “Are FTC Enforcement Powers Being Reined In?” Read More ›