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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 Morgan E. Spina mspina@olshanlaw.com View Bio

Showing 58 posts by Morgan E. Spina.

CARU Issues Revised Guidelines for Responsible Advertising to Children

The self-regulatory body that oversees advertising aimed at children, the Better Business Bureau (“BBB”) National Programs’ Children’s Advertising Review Unit (“CARU”), has issued revised CARU Advertising Guidelines (the “Revised Guidelines”). The Revised Guidelines state that advertisers recognize that children have limited knowledge and sophistication, and as such their ability to evaluate the credibility of advertising is limited. It is within this context that the Revised Guidelines seek to ensure that advertising directed to children is not deceptive or inappropriate. The Revised Guidelines apply to advertising content targeting children under the age of 13. Read More ›

Colorado Enacts New Automatic Renewal Law

On July 9, 2021, the Colorado Governor signed Colorado House Bill No. 1239 into law, resulting in Colorado becoming the latest state to enact new automatic renewal and cancellation procedures applicable to consumer sales contracts. In addition to addressing general automatic renewal contracts, the new Colorado law establishes certain requirements regarding the execution and enforcement of dating service contracts. Read More ›

Olshan Presents Consumer Protection Update Webinar Hosted by ABA

Olshan Advertising attorneys Andrew LustigmanScott ShafferTamara CarmichaelMary Grieco and Morgan Spina presented a webinar for the Consumer Protection Monthly Update hosted by the American Bar Association Antitrust Law Section. Read More ›

New York Enacts Comprehensive Automatic Renewal Law Modeled After California Law

The client alert addresses how New York has now joined other states with some of the most burdensome automatic renewal laws, enacting a sweeping law that regulates automatic renewal disclosures and cancellation procedures. Read More ›

Webinar - Retail Marketing Compliance in Post-COVID Era

Our fast-moving webinar discussed key issues involving marketing and business practices in the current environment. Read More ›

Sweepstakes and Promotions During a Pandemic

In the context of the coronavirus pandemic, many companies have turned to online sweepstakes and promotions as a means of both promoting their brand and showing support to coronavirus relief efforts. Certainly, sweepstakes and promotions can be an effective way to achieve these dual purposes.   As we previously reported, brands that have hastily run promotions without thinking through the consequences of various events have run into a firestorm of negative publicity as well as potential class actions.  Making sure that the promotion incorporates the items below can help ensure that a promotion is legal, properly structured, and contains appropriate protections for the brand. Read More ›

FTC Files Complaints against Companies That Failed to Fulfill Promises of Fast Delivery of Protective Equipment

The importance of timely delivery remains a top priority, particularly when making enhanced delivery promises. In light of the impact of the COVID-19 pandemic, the FTC has filed complaints against three online merchandisers it believes have failed to deliver on quick shipping promises in contravention of the FTC’s Mail, Internet and Telephone Order Rule, commonly known as the Mail Order Sales Rule. Read More ›

Dark Patterns: FTC Reaches $10 Million Settlement with Children’s Online Learning Program over Marketing and Subscription Practices

Online children’s education company Age of Learning, Inc., also doing business as ABCmouse, has agreed to pay $10 million to settle the FTC’s charges that it made it difficult and confusing for subscribers to cancel their memberships.  The settlement highlights the importance of a compliant subscription enrollment pathway, including readily-accessible cancellation processes.  It also highlights a growing focus by regulators and others on “dark patterns” online marketing techniques. Read More ›

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