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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 36 posts by Morgan E. Spina.

Vermont Updates Privacy Law, Including Revisions to Automatic Renewal Online Cancellation Provisions

Vermont, which already has one of the most unique automatic renewal laws on the books, has further increased the compliance obligations for sellers utilizing continuity arrangements. On March 5, 2020, Governor Phil Scott signed Vermont Senate Bill 110 into effect. This new law primarily tackles issues surrounding privacy, but also updates Vermont’s automatic renewal provisions to bring cancellation of consumer contracts in line with California’s online requirements. The law goes into effect on July 1, 2020. Read More ›

FDA and FTC Send Warning Letters to Companies Claiming That Products Can Help Boost Immune Systems Relating to Coronavirus Prevention

The FDA and FTC have issued joint warning letters to companies selling products that they claim are able to treat or prevent coronavirus. The regulators sent the first set of such warning letters to several companies on March 6, 2020 and have continued to send such warning letters since. Read More ›

Sweepstakes Registration and Bonding

Sponsors and promoters of sweepstakes are facing the decision as to whether to cancel or postpone planned promotions due to COVID-19. With respect to promotions that have already been registered and bonded in Florida, the Florida Department of Agriculture and Consumer Affairs (“FDACS”) has provided certain advice as to how these promotions will be treated. The FDACS has advised that there will be no refunds of filing fees in the event a promotion is cancelled due to COVID-19. However, if revisions to the Official Rules are required due to COVID-19, the FDACS has agreed to waive late penalties. In addition, the FDACS will permit substitution of trip or sports related prizes due to COVID-19. Read More ›

FTC Seeks Public Comment on Endorsement Guides To Address Developments in Influencer Marketing

As part of a periodic review of its rules and guidance, the Federal Trade Commission is seeking public comment as to whether changes should be made to its Endorsement Guides, which provide insight as to the agency’s thinking on influencer marketing and testimonials/endorsements. Initially published in 1980, the Guides were most recently revised in 2009 to provide guidance on a wide array of internet marketing techniques. Since 2009, social media and the use of influencer marketing has become an integral part of many companies’ advertising and marketing portfolio and has grown significantly. Against this backdrop, the FTC is seeking public comments to determine if and how it should revise the Guides to reflect this continually evolving landscape of social media and online advertising. Read More ›

The In-House Lawyer Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored an extensive Q&A, published by The In-House Lawyer which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. Read More ›

Ariana Grande Suing Forever 21 For Trademark and Copyright Infringement

Ariana Grande has filed a lawsuit against Forever 21 and its related beauty brand, Riley Rose (founded by the daughters of Forever 21 founder, Do Wan Chang), alleging that the fast fashion and beauty brands capitalized on the success of Ms. Grande’s Thank U, Next album by posting images of Ms. Grande on the brands’ social media accounts as well as images of a model bearing a striking resemblance to Ms. Grande. Read More ›

FTC Sends Warning Letters to CBD Companies Making Health Claims

Focusing on its use of warning letters to crack down on impermissible health claims, the FTC recently sent warning letters to three companies that sell a variety of CBD products, including those taking the form of “oils, tinctures, capsules, gummies, and creams.”  In its Press Release announcing the issuance of the warning letters, the FTC noted that it had cautioned the companies against advertising that products, including those containing CBD, can “prevent, treat, or cure human disease” in the absence of “competent and reliable scientific evidence to support such claims.” Read More ›

FTC Suffers Another Loss Regarding Its Section 13(b) Powers

As we have discussed previously, the Federal Trade Commission (“FTC”) has consistently relied on Section 13(b) of the FTC Act (15 U.S.C. §53(b)) for authority to initiate and maintain federal court challenges against defendants it believes have violated the FTC Act. Section 13(b) states that when the FTC has “reason to believe” that an individual or corporate entity “is violating, or is about to violate” a law enforced by the FTC, it may bring suit in federal court “to enjoin such acts or practices.” Moreover, the statute states that “in proper cases, the Commission may seek, and after proper proof, the court may issue, a permanent injunction.” Read More ›

NAD Finds “#1” Claims Supported in Two Recent Decisions

The National Advertising Division of the Better Business Bureau (“NAD”) recently found two separate “#1” claims to be sufficiently supported, thereby providing valuable insight to advertisers regarding the type and degree of information required to support such a claim. Read More ›

ERSP Recommends That Yoga Apparel Company Modify Instagram Posts to Disclose Material Connection Between the Brand and Influencers

The Electronic Retailing Self-Regulation Program (“ERSP”) has recommended that Alo, LLC (“Alo Yoga”) modify the Instagram posts of certain influencers of its products to disclose the material connection between Alo Yoga and the influencers. Read More ›

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