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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 14 posts from May 2012.

FTC POM Wonderful Decision Clarifies and Eases Substantiation Standards Required of Advertisers of Nutritional Products

In a 345-page Initial Decision by the Chief Administrative Law Judge, the FTC's complaint against POM Wonderful LLC (POM) and its principals was upheld to the extent that the company had claimed that its products would treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction because these claims were not supported by sufficient competent and reliable evidence. Read More ›

Legalized Gambling on the Internet: New Jersey's Got it ?

The New Jersey Assembly is currently considering 2012 New Jersey Assembly Bill No. 2578, a bill that would authorize Internet gaming in Atlantic City casinos under certain circumstances. Read More ›

Using an Auto-dialer Just Got Riskier: Consent Must Come From the Current Subscriber

A federal appeals court affirmed that companies using automated dialers can be sued for calling a telephone number, even if they had permission to call the number from the prior subscriber to that phone number. Read More ›

Skechers Settles FTC Charges of Deceptive Advertising in Connection with Ads for "Toning Shoes"

Skechers agreed to pay $40 million to the Federal Trade Commission to settle charges that the company deceptively made unsupported claims that its "toning shoes" helped consumers lose weight and strengthen and tone their buttocks, legs and abdominal muscles. Read More ›

FTC Settlement Provides Guidance on Getting a Consumer's Express Informed Consent

The Federal Trade Commission settled with "Green Millionaire Book" promoters. The FTC alleged the defendants lured consumers with a supposedly "free" book falsely promising that it would show them how to power their cars and homes at no cost, and then billed them for an online magazine they never ordered. Read More ›

Olshan Client Defeats Verizon and OnStar In $100 Million Telemarketing Lawsuit

A group that sells discounted medical services won a substantial legal victory in the District of New Jersey, gaining a full dismissal of a $100 million telemarketing lawsuit filed by Verizon and OnStar, the car phone service. Read More ›

How Far Can a Trademark Go?

A trademark is often a company's most valuable asset. It is what distinguishes a company's products or services from that of its competitors, and many times, consumers will make their purchasing decisions based on the goodwill of a particular brand. For that reason, it is not unusual for a company to have a knee-jerk reaction to challenge another company's use or ownership of the identical mark. Read More ›

Duracell and Procter & Gamble Sued for Deceptive Marketing

A federal class action lawsuit has been filed against Duracell, Inc. and The Procter & Gamble Company in the United State District Court in California alleging that defendants engaged in a deceptive marketing scheme to mislead consumers as to the battery life of the Duracell Ultra Advanced and Duracell Ultra Power batteries. Read More ›

Trendy Trademarks

Once a name, slogan or word becomes trendy, enthusiastic entrepreneurs race to file trademark applications in the hope of cashing in on the excitement. Read More ›

Arizona's Passes Legislation that Regulates Business Opportunities

Arizona House Bill 2825 broadly defines "business opportunity" where it wasn't defined before. Read More ›

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