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Recent Posts
- Supreme Court Scales Back TCPA
- New Jersey State Court Successfully Dismisses Consumer Fraud Act Class Action Suit on Behalf of Olshan Client
- IP Talk Blog Features Mary Grieco on CJEU Privacy Shield Invalidation
- FCC Issues $225 Million Fine to Robocallers
- Record-Breaking Settlement Reached In Dietary Supplement Suit Regarding Pain Claims
- Virginia Poised to Become Second State to Pass Comprehensive Consumer Privacy Legislation
- FTC Announces “Dark Patterns” Virtual Workshop
- Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
- Customer Reviews Matter
- NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)
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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.
Supreme Court Scales Back TCPA
Ruling opens the door for increased use of autodialed calls Read More ›
New Jersey State Court Successfully Dismisses Consumer Fraud Act Class Action Suit on Behalf of Olshan Client
The New Jersey Law Journal (subscription required) reported that Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a Consumer Fraud Act class action suit on behalf of Pure Radiance, a distributor/manufacturer of wellness products. The suit was dismissed because the lawyer-plaintiff, Harold Hoffman, claimed that the purchased nutritional product did not perform as advertised. The lawyer-plaintiff asserted that the advertising for the consumer product made claims that were not substantiated by research, but in a first-of-its-kind state court decision, the court ruled that sort of claim is reserved for the attorney general, not a private plaintiff. The Court further ruled that the lawsuit failed to allege sufficient facts to state a claim under New Jersey’s Consumer Fraud Act. Scott Shaffer was quoted as saying that “the judge’s ruling is correct in assessing the Consumer Fraud Act, and on behalf of the client, I’m pleased with the ruling.”
IP Talk Blog Features Mary Grieco on CJEU Privacy Shield Invalidation
Olshan Intellectual Property/Brand Management and Protection partner Mary Grieco was featured on IP Talk, the news blog of Inlex IP Expertise, a French industrial property law firm focusing on trademarks, domain names and data protection. Read More ›
FCC Issues $225 Million Fine to Robocallers
One billion spoofed calls touted short-term health insurance Read More ›
Record-Breaking Settlement Reached In Dietary Supplement Suit Regarding Pain Claims
Reckitt Benckiser agrees to pay $53 million to end class actions regarding dietary supplement pain relief claims. Read More ›
Virginia Poised to Become Second State to Pass Comprehensive Consumer Privacy Legislation
Following the lead of California, Virginia is set to become the second U.S. state to enact comprehensive consumer privacy legislation. Virginia Governor Ralph Northam is expected to sign the Consumer Data Protection Act (“CDPA”) into law, which will go into effect on January 1, 2023. As it may take businesses some time to make sure they are in compliance by the January 1, 2023 effective date, it is recommended that businesses review their current privacy practices and make any necessary changes. Read More ›
FTC Announces “Dark Patterns” Virtual Workshop
Dark patterns, an increasingly popular ecommerce marketing technique, seek to encourage users to make a particular purchasing decision. They are also the subject of increasing regulatory scrutiny, including the FTC’s ABC Mouse enforcement action. Read More ›
Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was interviewed on Round Table Group’s Engaging Experts podcast in an episode entitled “How to Effectively Deal With False Advertising Disputes.” The episode explores various options for responding to false advertising claims and examines the variety of directions a business can take regarding an advertising dispute. Topics include how lawsuits concerning false representations have been filed under the Lanham Act, the founding of the National Advertising Division (NAD), strategies in a well-constructed cease and desist letter, and more. Read More ›
Customer Reviews Matter
In this age of online advertising, independent reviews by customers have become a crucial marketing tool for many businesses. Having “5-star” customer reviews is worn like a badge of honor, and companies can boast of their high customer ratings in an effort to attract other customers who look to such reviews for confirmation of the reputation of a company or the high quality of its goods or services. Given the value of such reviews, customer reviews have become subject to falsification and manipulation by companies seeking to boost their ratings and attract other customers. Such actions, however, can result in liability for false advertising, and two recent cases highlight the serious liability a company that falsifies and manipulates reviews can suffer. Read More ›
NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)
In a quintessential Covid-era case, following part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) requested substantiation for claims made by Ontel Products Corporation in respect of its “Safe & Healthy” branded portable UV-C sanitizing light. Read More ›