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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.

Showing 9 posts from January 2009.

FTC Extends to March 2, 2009 the Period for Public Comment for Endorsement/Testimonial Guide Changes

The FTC has extended the current public comment period related to proposed revisions of its Guides Concerning the Use of Endorsements and Testimonials in Advertising until March 2, 2009. Read More ›

Suntasia Settles FTC Charges and Agrees to Pay More than $16 Million

Fourteen defendants involved in the telemarketing operation by Largo, Florida-based Suntasia Marketing, Inc. have agreed to pay a total of more than $16 million to settle Federal Trade Commission charges. Read More ›

Four Groups Join to Propose Privacy Guidelines

According to the joint press release, the American Association of Advertising Agencies (AAAA), the Association of National Advertisers (ANA), the Direct Marketing Association (DMA), and the Interactive Advertising Bureau (IAB) are "working together to develop enhanced self-regulatory principles for online behavioral advertising in order to address privacy concerns and to increase consumers' trust and confidence in how online information is gathered and used." Read More ›

NYS Court Dismisses "Amazon Tax" Complaint

The April 2008 law required those online marketers with affiliate programs whose NY-based affiliates generated $10,000 or more in sales to collect and pay sales tax on all New York-bound shipments. Amazon.com had challenged the law as being unconstitutional. Read More ›

Football Star Sues to Get Rights to Own Nickname

A District Court in Texas has been asked to decide whether an athlete has the exclusive right to his own nicknames. Read More ›

Andrew Lustigman To Present on "The Legal Framework for Marketing Innovative, Synergistic Food/Cosmetic Products"

On March 2, 2009, Andrew Lustigman will present at HBA's Global X-Ceuticals Expo on the legal framework for Marketing Innovative, Synergistic Food/Cosmetic Products. Read More ›

Say Good Bye to "Results Not Typical"? The FTC Proposes Revolutionary Changes to Its Guides Concerning the Use of Endorsements and Testimonials in Advertising

The FTC recently proposed significant revisions to its endorsement and testimonial guides that if implemented, will greatly impact advertising utilizing testimonials. Read More ›

Altria Group, Inc. v. Good: Supreme Court Rejects Pre-emption and Allows Smokers to Sue for Fraud

On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act"). Read More ›

FTC Clarifies Position on Forward to a Friend

The Federal Trade Commission announced that it had approved new rule provisions intended to clarify CAN-SPAM requirements. Read More ›

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