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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.

Andrew Lustigman Quoted in PacerMonitor on Recent False Advertising Crackdown

Andrew Lustigman was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands. Read More ›

FTC Updates Jewelry Guides

The Federal Trade Commission (“FTC”) has approved revisions to its Jewelry Guides. The FTC’s Jewelry Guides aim to help marketers in the jewelry industry avoid consumer deception, while simultaneously interpreting how Section 5 of the FTC Act applies to certain practices in the industry. Section 5 of the FTC Act declares unlawful any “unfair or deceptive practices in or affecting commerce.” The FTC has released other similar industry-specific reports and guidelines including, for example, reports and guidelines related to the clothing and textiles industry, finance industry, and tobacco industry. As the jewelry industry evolved, it became clear to the FTC that a revision of its Jewelry Guides was warranted. As such, these recent revisions seek to encompass and address new issues facing the industry. Read More ›

Andrew Lustigman Quoted in Law360 Article on FTC’s Ruling Against ‘I.V. Cocktail’ Ads

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 article about the Federal Trade Commission’s suit against A&O Enterprises Inc. for making false claims about their intravenous therapy products. Read More ›

New York Law Journal Publishes Article on Deceptive Pricing and Settlements by Lustigman and Spina

The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?" Read More ›

Six Olshan Attorneys Selected to The Best Lawyers in America 2019

Olshan partners Steve Wolosky, Andrew B. Lustigman, Thomas D. Kearns, Eric L. Goldberg, Stephen L. Ferszt and of counsel Samuel P. Ross have been selected by their peers for inclusion in The Best Lawyers in America© 2019. Read More ›

Court Rules Direct Drop or “Ringless” Voicemails Covered by TCPA

First-of-its-kind ruling broadens the reach of the TCPA Read More ›

Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions

Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions. Read More ›

Andrew Lustigman to Present CLE Webinar on June 26th on Social Media Marketing for Lawline

Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman will present a live webinar for Lawline.com, an online CLE platform, on June 26th. Topics that Mr. Lustigman will explore include an examination of recent developments in social media marketing (with a particular focus on brands and influencers who utilize social media to promote goods and services), a review of the various regulations that govern social media marketing, and how to develop the best practices for compliance in light of the latest legal developments. CLE credits will be awarded for participation in the presentation.

You can register for this webinar here.

Florida AG Sues Popular Miami Restaurants for Deceptive 'Farm-to-Table’ Claims

Florida Attorney General Pam Bondi filed a complaint in Miami-Dade County Circuit Court in May against a popular Miami-based restaurant operator for supplying non-locally sourced or sustainable ingredients despite claims to the contrary. Read More ›

Sweepstakes Copywriter Receives 36-Month Prison Sentence for Role in Direct Mail Scheme

One of the early guilty pleas in the government’s crack-down on allegedly fraudulent sweepstakes and astrology direct marketing campaigns has received a 36-month prison sentence. This sentence against a supplier reflects the serious nature of the government’s investigation into these matters. Read More ›

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