Sweepstakes and Promotions During a Pandemic

In the context of the coronavirus pandemic, many companies have turned to online sweepstakes and promotions as a means of both promoting their brand and showing support to coronavirus relief efforts. Certainly, sweepstakes and promotions can be an effective way to achieve these dual purposes.   As we previously reported, brands that have hastily run promotions without thinking through the consequences of various events have run into a firestorm of negative publicity as well as potential class actions.  Making sure that the promotion incorporates the items below can help ensure that a promotion is legal, properly structured, and contains appropriate protections for the brand. Read More ›

FTC Files Complaints against Companies That Failed to Fulfill Promises of Fast Delivery of Protective Equipment

The importance of timely delivery remains a top priority, particularly when making enhanced delivery promises. In light of the impact of the COVID-19 pandemic, the FTC has filed complaints against three online merchandisers it believes have failed to deliver on quick shipping promises in contravention of the FTC’s Mail, Internet and Telephone Order Rule, commonly known as the Mail Order Sales Rule. Read More ›

Dark Patterns: FTC Reaches $10 Million Settlement with Children’s Online Learning Program over Marketing and Subscription Practices

Online children’s education company Age of Learning, Inc., also doing business as ABCmouse, has agreed to pay $10 million to settle the FTC’s charges that it made it difficult and confusing for subscribers to cancel their memberships.  The settlement highlights the importance of a compliant subscription enrollment pathway, including readily-accessible cancellation processes.  It also highlights a growing focus by regulators and others on “dark patterns” online marketing techniques. Read More ›

Federal Enforcement against Marketers Making Allegedly Deceptive Coronavirus-Related Health Claims

As we have previously reported, like other regulators, the FTC has been quick to take action against companies that it believes are seeking to take advantage of the coronavirus pandemic. The FTC has sent warning letters to approximately 300 companies that it has alleged were making unsubstantiated or potentially misleading claims about products related to the coronavirus. Recently, the FTC has taken decisive action against a company to which it has previously sent a warning letter, alleging that such company has continued to make deceptive and misleading advertising claims in spite of the FTC’s warning. Read More ›

Andrew Lustigman Contributes to Business Ethics During COVID-19 Companies Digest Article

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was featured in a Companies Digest article comprising assessments by leading business law attorneys. Read More ›

New York Law Journal Publishes Article on Avoiding Viral Promotion Malfunctions by Lustigman and Spina

The New York Law Journal published an Expert Opinion article authored by attorneys Andrew Lustigman and Morgan Spina, entitled “Avoiding Viral Fashion Promotion Malfunctions.” Read More ›

Andrew Lustigman Quoted in The Legal Examiner on the Class Action Lawsuit Filed Against TikTok

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in The Legal Examiner on the recent class action lawsuit filed against TikTok by a group of parents who are suing the social media app under allegations that it illegally collects and shares identification information to send to China. Read More ›

Andrew Lustigman Quoted in AdAge on the Advertisement Agreements Between TikTok and Brands

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in AdAge (subscription required) regarding the impending ban that may happen to TikTok and how it would affect the brands that use the platform to publish its advertisements. Read More ›

The Legal 500 Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored a comprehensive Q&A, published by The Legal 500, which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. The attorneys that contributed to this Q&A include the Chair of Advertising, Marketing and Promotions Group Andrew Lustigman and attorneys, Safia Anand, and Morgan Spina. 

Click here for The Legal 500: Pharmaceutical Advertising Comparative Guide:United States: Pharmaceutical Advertising Q&A

Andrew Lustigman Speaks at ACI’s Food Advertising & Marketing Law Master Symposium

Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman spoke at a virtual event held on July 17 for American Conference Institute’s (ACI) Food Advertising & Marketing Law Master Symposium. Entitled “Clarifying the Role of Influencers/Virtual Influencers in the Food Industry,” Mr. Lustigman’s session explored implementing practical best practices for engaging with influencers and how to effectively audit what they say, contracting with influencers (and knowing when a contract is not enough), the legal challenges the food industry faces when working with virtual influencers, and understanding why what an influencer says is not considered a testimonial.