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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 5 posts from December 2012.

Pharmaceutical Manufacturers Can Tout Off-Label Uses of Prescription Drugs

In the United States District Court for the Eastern District of New York, pharmaceutical sales representative Alfred Caronia was convicted of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor. Read More ›

New Jersey Federal Courts Brace for Wave of TCPA Class Actions

A recent series of rulings will likely trigger an avalanche of class action lawsuits over unwanted text messages and robocalls, particularly in the State of New Jersey. Read More ›

FTC Announces Significant Update of COPPA Rule

After a number of rounds of public comment and workshops, the FTC has released its revised regulations under the Children's Online Privacy Protection Act of 1998 ("COPPA"). Read More ›

FTC Settlement Puts an End to "History Sniffing" by Online Advertising Network

By William MacDonald*

Yesterday the Federal Trade Commission (the "FTC") announced that it had entered into a settlement agreement with online advertising network, Epic Marketplace Inc. ("Epic"), that bars the company from continuing to use history sniffing technology, which allows online operators to "sniff" a browser to see what sites consumers have visited in the past. Read More ›

FCC Order Makes Acknowledging Text Opt-Outs Even Riskier

This week, the Federal Communications Commission (FCC) issued an order covering the same issue, but with a key limitation that creates a serious legal risk every time a marketer acknowledges an opt-out request with a confirmatory text. Read More ›

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