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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.

Photo of Advertising Law Blog Andrew B. Lustigman alustigman@olshanlaw.com View Bio

Showing 540 posts by Andrew B. Lustigman.

Andrew Lustigman and Morgan Spina Publish Article in Sports Litigation Alert on How MLB’s Apple TV+ Arrangement Highlights Subscription Legal Compliance Obligations

Posted on April 24, 2023 by Andrew B. Lustigman, Morgan E. Spina

Olshan partner Andrew Lustigman, Chair of the firm's Advertising, Marketing, and Promotion's Practice and Co-Chair of the Brand Management & Protection Practice, and associate Morgan Spina published an article on April 21 in Sports Litigation Alert (subscription required) focusing on how services such as MLB's Apple TV+ arrangement must adhere to compliance obligations in a rapidly changing regulatory environment. Read More ›

Tags: FTC, subscription  |  Comments

FTC Sends Notices Warning of Potential Unsubstantiated Product Claims

Posted on April 18, 2023 by Andrew B. Lustigman

On April 13, 2023, the Federal Trade Commission (FTC) issued Notices of Penalty Offenses (NPOs) to approximately 670 companies in order to ensure that the companies are aware of the FTC’s standards for product claim substantiation. The Notices were sent to companies marketing over-the-counter drugs, homeopathic products, dietary supplements, and functional foods. Read More ›

Tags: FTC  |  Comments

Andrew Lustigman and Morgan Spina Publish Article in the New York Law Journal on FTC’s Proposed New Rules for Businesses Selling Subscriptions Heighten Compliance Obligations

Posted on April 13, 2023 by Andrew B. Lustigman, Morgan E. Spina

FTC’s Proposed New Rules for Businesses Selling Subscriptions Heighten Compliance Obligations, published in The New York Law Journal Read More ›

Tags: Advertising Law, compliance, FTC, subscription  |  Comments

NAD SWIFT to Allow Implied Claim Challenges

Posted on April 11, 2023 by Andrew B. Lustigman

The National Advertising Division’s (“NAD”) streamlined Fast-Track SWIFT (Single Well-Defined Issue Fast Track) process is an expedited process by which single-issue truth in advertising claims in national advertising may be reviewed and assessed. The popularity of SWIFT challenges, which are structured to resolve designated challenges expeditiously, has been continuing to grow as competitors take advantage of the streamlined process. Read More ›

Tags: NAD, SWIFT  |  Comments

CLIENT ALERT: FTC Proposes Changes to Automatic Renewal Rule, Including Online Cancellation Requirement

Posted on March 30, 2023 by Andrew B. Lustigman, Morgan E. Spina

The Federal Trade Commission (“FTC”) has been interested in pursuing amendments to the Negative Option Rule for several years. In 2019, the FTC published an Advance Notice of Proposed Rulemaking (“ANPR”), soliciting public comment on certain issues related to negative options and automatic renewal contracts, including disclosures, consent, and cancellation. Following receipt of such comments, the FTC issued an Enforcement Policy Statement Regarding Negative Option Marketing in 2021. Now, in its latest and potentially most impactful effort, the FTC has issued a Notice of Proposed Rulemaking (“NPRM”), proposing several specific changes to the Negative Option Rule, as the existing rule was woefully out of date. Read More ›

Tags: Automatic Renewal, FTC, Online Cancellation  |  Comments

Andrew Lustigman Speaking at ACI’s 7th Annual Summit on Food Law – Regulation, Compliance and Litigation

Posted on March 14, 2023 by Andrew B. Lustigman

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group, will speak on the panel “Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse” as part of ACI’s 7th Annual Summit on Food Law – Regulation, Compliance and Litigation on April 19, 2023, at 10:30am at The Metropolitan Club, Chicago, IL. Read More ›

Tags: compliance, food law, Social Media Marketing  |  Comments

Olshan Advertising and Branding Law Groups' Hot Topics - 2023

Posted on January 11, 2023 by Andrew B. Lustigman, Scott Shaffer, Steven R. Gursky, Mary L. Grieco, Claudia B. Dubón, Morgan E. Spina

Happy New Year! As we begin 2023, Olshan’s Advertising and Branding law groups share their list of hot topics that look to be on the horizon this year and should be of particular interest to you.   Read More ›

Tags: FTC, TCPA, US Supreme Court  |  Comments

Andrew Lustigman Quoted by Law360 on the FTC’s Consumer Protection Rulemaking and Enforcement in 2023

Posted on January 9, 2023 by Andrew B. Lustigman

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group, was quoted in Law360 (subscription required) on the Federal Trade Commission’s (“FTC”) consumer protection rulemaking and enforcement efforts in 2023. The agency’s focus on pricing disclosures—specifically its October 2022 proposed rulemaking on addressing “junk fees,” unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value to consumers—will potentially affect “a wide array of industries,” Andy commented. “Similar rulemaking has been proposed by the U.S. Department of Transportation relating to airline pricing and ancillaries like baggage fees,” he added. Additionally, the FTC is expected to continue focusing on advertisers’ use of endorsements and testimonials that consumers increasingly rely on in digital commerce. Read More ›

Tags: FTC  |  Comments

Pay Me What You Owe Me: Rihanna’s Savage X Fenty Reaches Settlement with CART Over Autorenewal Practices

Posted on December 20, 2022 by Andrew B. Lustigman, Morgan E. Spina

Rihanna’s lingerie company, Lavender Lingerie, LLC dba Savage X Fenty (“Savage X Fenty”), has agreed to pay $1.2 million to settle a consumer protection lawsuit brought by members of the California Automatic Renewal Task Force (“CART”) relating to the company’s automatic renewal practices.    Read More ›

Tags: California Auto-Renewal Task Force  |  Comments

FTC Seeks Comments on “Junk Fees” – Signaling a Renewed Focus on Supplemental Fees

Posted on November 14, 2022 by Andrew B. Lustigman

On October 20, 2022, the Federal Trade Commission issued an advance notice of proposed rulemaking for a rule that would seek to address so called “junk fees” – unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value to consumers. Read More ›

Tags: FTC  |  Comments
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