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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.

Morgan E. Spina mspina@olshanlaw.com View Bio

Showing 10 posts by Morgan E. Spina.

FTC Updates Jewelry Guides

The Federal Trade Commission (“FTC”) has approved revisions to its Jewelry Guides. The FTC’s Jewelry Guides aim to help marketers in the jewelry industry avoid consumer deception, while simultaneously interpreting how Section 5 of the FTC Act applies to certain practices in the industry. Section 5 of the FTC Act declares unlawful any “unfair or deceptive practices in or affecting commerce.” The FTC has released other similar industry-specific reports and guidelines including, for example, reports and guidelines related to the clothing and textiles industry, finance industry, and tobacco industry. As the jewelry industry evolved, it became clear to the FTC that a revision of its Jewelry Guides was warranted. As such, these recent revisions seek to encompass and address new issues facing the industry. Read More ›

New York Law Journal Publishes Article on Deceptive Pricing and Settlements by Lustigman and Spina

The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?" 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.

New FTC Leadership

On April 26, 2018, the Senate unanimously confirmed all its nominees to the Federal Trade Commission (“FTC”), allowing the FTC to regain full strength for the first time since President Trump took office. In the months since President Trump’s inauguration, the FTC has been operating with just two Commissioners. Read More ›

Leading Internet Case Law Publishes Article by Andrew Lustigman and Morgan Spina on Copyright Infringement for Embedded Photos

Andrew Lustigman and Morgan Spina published an article in Leading Internet Case Law entitled “Court Rules Embedded Photos on Websites May Constitute Infringement.” Read More ›

NAD Recommends Too Faced Discontinue Claims Related to Its “Better Than Sex” Mascara

A recent decision highlights the risk in relying on confidential support, as well the difficulty in substantiating extraordinary cosmetic benefit claims. Benefit Cosmetics recently challenged Too Faced Cosmetics’ advertising before NAD. The challenge was focused on Too Faced’s mascara advertising claims relating to clinic studies, the degree to which the product increased eyelash volume, and the representations made in the advertiser’s use of “before” and “after” comparative photographic demonstrations.   Read More ›

Ninth Circuit Denies Glassdoor’s Motion to Quash Subpoena, Thereby Requiring the Review Website to Provide Identifying Information of Some Anonymous Users

Online review websites typically offer reviewers the ability to post their views anonymously.  Given the lack of transparency, many times the subject business is unable to meaningfully address the allegations levied against it because it may not know the details of the reviewer’s experience.  A recent Ninth Circuit decision, may portend a change in the ability to hide a reviewer’s identity.   Read More ›

FCC Proposes Stricter Anti Slamming and Cramming Rules

The Federal Communications Commission (FCC) is seeking comments on proposed rules regarding carrier phone changes and charges for additional services. Read More ›

Class Decertified in TCPA Junk Fax Case

Issue of Ascertainability Blocks Plaintiff From Proceeding On Class Basis Read More ›

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