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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.

Fashion Nova Reaches $9.3 million Settlement with the FTC Over Charges of Violating Shipping and Returns Rules

Online fast fashion retailer, Fashion Nova, has agreed to pay $9.3 million to settle FTC charges that it failed to properly notify consumers and give them a chance to cancel their orders that were not shipped in a timely manner. The FTC also alleged that Fashion Nova used gift cards to compensate consumers for unshipped merchandise instead of providing refunds, as required.  Read More ›

FTC Reaches $15 Million Settlement With Tea and Skincare Company For Failing To Adequately Disclose Material Connections To Endorsers

The FTC has reached a settlement with Teami, LLC (“Teami”), a tea and skincare company that allegedly used deceptive health claims and a bevy of undisclosed social media influencer endorsements to promote its products. This settlement, comprised in part of a significant monetary judgment, comes on the heels of the FTC seeking public comment on its Endorsement Guides in light of the changing social media advertising landscape. The FTC’s recent policy and enforcement actions seem focused on online influencer advertising campaigns. Read More ›

Andrew Lustigman, Mary Grieco and Morgan Spina Contribute Chapter in OneTrust DataGuidance

Advertising, Marketing & Promotions partner Andrew Lustigman, Intellectual Property partner Mary Grieco and associate Morgan Spina authored a chapter entitled, “USA – Cookies & Similar Technologies” in a recent publication included in the prestigious OneTrust DataGuidance (subscription required).  The chapter covers the current laws and information regarding the use of cookies and third parties on the Internet. 

Vermont Updates Privacy Law, Including Revisions to Automatic Renewal Online Cancellation Provisions

Vermont, which already has one of the most unique automatic renewal laws on the books, has further increased the compliance obligations for sellers utilizing continuity arrangements. On March 5, 2020, Governor Phil Scott signed Vermont Senate Bill 110 into effect. This new law primarily tackles issues surrounding privacy, but also updates Vermont’s automatic renewal provisions to bring cancellation of consumer contracts in line with California’s online requirements. The law goes into effect on July 1, 2020. Read More ›

FDA and FTC Send Warning Letters to Companies Claiming That Products Can Help Boost Immune Systems Relating to Coronavirus Prevention

The FDA and FTC have issued joint warning letters to companies selling products that they claim are able to treat or prevent coronavirus. The regulators sent the first set of such warning letters to several companies on March 6, 2020 and have continued to send such warning letters since. Read More ›

FTC Chairman Simons Releases Statement Regarding Ongoing Work of the Consumer Production Bureau During COVID-19 Pandemic

FTC Chairman Joe Simons has released a statement addressing the FTC’s ongoing efforts to enforce consumer protections laws during the coronavirus pandemic. Read More ›

Sweepstakes Registration and Bonding

Sponsors and promoters of sweepstakes are facing the decision as to whether to cancel or postpone planned promotions due to COVID-19. With respect to promotions that have already been registered and bonded in Florida, the Florida Department of Agriculture and Consumer Affairs (“FDACS”) has provided certain advice as to how these promotions will be treated. The FDACS has advised that there will be no refunds of filing fees in the event a promotion is cancelled due to COVID-19. However, if revisions to the Official Rules are required due to COVID-19, the FDACS has agreed to waive late penalties. In addition, the FDACS will permit substitution of trip or sports related prizes due to COVID-19. Read More ›

Telemarketing Restrictions During a State of Emergency

With the federal government and most states under a state of emergency due to the COVID-19 pandemic, telemarketers should be aware of laws that restrict telemarketing calls during a state of emergency.   Read More ›

The California Consumer Privacy Act (CCPA) Revised Draft Regulations Provide Additional Guidance and Raise Questions for Businesses

As many businesses may be aware by now, California recently enacted sweeping new laws governing the collection, use and management of personal information. The California Consumer Privacy Act (CCPA) that went into effect on January 1, 2020 has many businesses struggling to understand the application of the law and exactly what a business needs to do to comply. In an effort to clarify some aspects of the law, California issued draft regulations in October 2019 that provided some guidance to businesses, and those draft regulations continue to be revised as late as March 11, 2020. While still not finalized, the revised CCPA draft regulations offer some clarification, and open up more questions, on certain issues. Read More ›

Fantasy Sports for Money Found Illegal in New York

The stage for legality of digital fantasy sports for money has again gone dark in New York following the February 6, 2020 ruling issued New York appellate court.  The appellate court’s ruling delivers yet another setback for companies like FanDuel and DraftKings, both highly successful digital sports entertainment. Read More ›

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