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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.

New FTC Leadership

On April 26, 2018, the Senate unanimously confirmed all its nominees to the Federal Trade Commission (“FTC”), allowing the FTC to regain full strength for the first time since President Trump took office. In the months since President Trump’s inauguration, the FTC has been operating with just two Commissioners. Read More ›

NARB Reaches Same Conclusion as NAD on Mascara Volume Claims, Recommending Discontinuance of Claims

A panel of the National Advertising Review Board (“NARB”) has recommended that Too Faced Cosmetics, LLC (“Too Faced”) discontinue both a claim that its mascara provides for “1,944% more volume” and “before” and “after” photographs displayed on product packaging and online videos advertising their “Better Than Sex” mascaras. Read More ›

Class Action Lawsuit Filed Against PCH Relating To Sweepstakes Marketing Practices

Wright, et al v. Publishers Clearing House, Incorporated and Publishers Clearing House, LLC (EDNY April 23, 2018) Read More ›

Leading Internet Case Law Publishes Article by Andrew Lustigman and Morgan Spina on Copyright Infringement for Embedded Photos

Andrew Lustigman and Morgan Spina published an article in Leading Internet Case Law entitled “Court Rules Embedded Photos on Websites May Constitute Infringement.” Read More ›

New Jersey Supreme Court Limits Claims Under the TCCWNA

Illegal offer no longer enough: a plaintiff must suffer some form of injury to recover under the statute Read More ›

Federal Appeals Court Strikes Down Two FCC Provisions Relating to Automated Calls and Texts

Companies that communicate with consumers through autodialed telephone calls or mass text messages should be aware that a federal appeals court has just struck down two key, pro-plaintiff Federal Communications Commission (“FCC”) interpretations of the Telephone Consumer Protection Act (“TCPA”). Although the ruling did not provide clear limits to what marketers can and cannot do, it certainly provides marketers and debt collectors with important tools that should make life more difficult for class-action plaintiffs. Read More ›

Olshan to Host INTA Roundtable on March 6

Olshan will host an INTA Roundtable on March 6, 2018 Read More ›

Apple Hit with Slew of Class Actions over Throttling Practice

At last count, 60 lawsuits are pending vs. cellphone giant
Read More ›

Leading Internet Case Law Publishes Article by Andrew Lustigman on California’s Auto-Renewal Laws

Andrew Lustigman published an article in Leading Internet Case Law entitled “eHarmony Settlement Illustrates Changes Required in E-Commerce Subscriptions Programs.” Read More ›