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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 Katelyn J. Patton kpatton@olshanlaw.com View Bio

Showing 17 posts by Katelyn J. Patton.

FTC Invites Public Comment on Improvement of Existing Negative Option Rule

The Federal Trade Commission (“FTC”) announced that it is seeking public comment on ways to improve its existing regulations for negative option marketing, namely, the need for amendments to its Rule Concerning the Use of Prenotification Negative Option Plans (the “Negative Option Rule” or “Rule”). Read More ›

NAD Recommends Discontinuance of Aleve’s “Proven Better on Pain than Tylenol” Claims

The National Advertising Division of the Council of Better Business Bureaus (“NAD”) recently recommended that Bayer Healthcare LLC (“Bayer” or the “advertiser”) discontinue particular comparative superiority claims for Aleve, including “Proven Better on Pain than Tylenol,” following a challenge by Johnson & Johnson Consumer Inc., maker of Tylenol products.  The decision shows the scrutiny NAD will give to broad and unqualified superior efficacy claims. Read More ›

Record-Breaking FTC Settlement Raises Stakes for COPPA Compliance

On September 4, 2019, the Federal Trade Commission (“FTC”) announced that YouTube and its parent company, Google, agreed to pay a record-breaking $170 million fine to settle claims by the FTC and New York Attorney General (“NYAG”) that YouTube violated children’s privacy laws. Read More ›

NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance

Marketers frequently tout “limited time” bonus offers that appear to continue for an inordinate amount of time.   A recent decision of the National Advertising Division ("NAD") of the Council of Better Business Bureaus relating to such an offer makes clear that a “limited time” offer must indeed be so. Read More ›

Federal ‘Unsubscribe Act’ Introduced to Regulate Negative Option Agreements

In the wake of several state-enacted regulations and restrictions on automatic renewal provisions in consumer contracts, on May 10, 2019, Rep. Mark Takano (D-Calif.) introduced the federal Unsubscribe Act of 2019, H.R. 2683, to increase consumer protection with respect to online negative option agreements.  Negative option agreements include by definition automatic renewal contracts, continuity plan contracts and free-to-pay conversion contracts. Read More ›

North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts

Following other states that have recently enacted regulations and additional restrictions on automatic renewal provisions in consumer contracts, on April 9, 2019, North Dakota House Bill 1195, which enacts a new chapter of the North Dakota Century Code relating to certain marketing practices involving automatic renewal, was signed by Governor Doug Burgum and filed with the Secretary of State. Read More ›

BBB Launches AdTruth Consumer Reporting Service

Better Business Bureau (“BBB”) recently announced the launch of its new consumer reporting service, “BBB AdTruth,” an online tool via which consumers can report advertisements they believe to be fraudulent, confusing or unsubstantiated.  Upon such reporting, BBB advertising review specialists will investigate and assess the particular ad’s truthfulness. Read More ›

Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions

Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions. Read More ›

Florida AG Sues Popular Miami Restaurants for Deceptive 'Farm-to-Table’ Claims

Florida Attorney General Pam Bondi filed a complaint in Miami-Dade County Circuit Court in May against a popular Miami-based restaurant operator for supplying non-locally sourced or sustainable ingredients despite claims to the contrary. Read More ›

Olshan to Present Consumer Protection Update on June 18th Hosted by ABA

Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Tamara Carmichael, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.

You can register for this presentation here.

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