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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.

Showing 49 posts by Safia A. Anand.

VISA Has Issued Updated Policies for Merchants Offering Free Trials or Introductory Promotions

Visa has announced that to enable greater transparency, choice, and control for customers, effective April 18, 2020, it is updating its Policy for Subscription Merchants Offering Free Trials or Introductory Promotions.   In an effort to help merchants comply with these new policies, Visa has created a Trial Subscription Quick Reference Card and a Reminder Notice with answers to frequently asked questions.  While not binding as a regulatory matter, compliance with Visa’s policies is important under companies’ merchant processing agreements. Read More ›

The FTC Issues New Resources for Influencers: “Disclosures 101 for Social Media Influencers”

Influencer marketing is one of the most popular marketing tools for companies in today’s market.  Influencers can make substantial sums of money for just one post.  While this is a great way for influencers to earn a living and for companies to get their message across to today’s consumers, there are risks involved with social media marketing if not executed properly.  The Federal Trade Commission (“FTC”), among other responsibilities, works to stop deceptive advertising.  As we have previously reported, everyone involved in social media marketing needs to be sure that influencers comply with the FTC’s Enforcement Guidelines  (the “Guidelines”). Read More ›

The California Department of Alcoholic Beverage Control Issues Advisory on Club Renewals

On June 17, 2019, the California Department of Alcoholic Beverage Control (the “Department”) issued an Industry Advisory to its licensees in the alcoholic beverage industry regarding club renewals (the “Advisory”).  The purpose of the Advisory is to alert its licensees to the legal requirements for subscription services or other purchasing agreements, which commonly operate in the alcoholic beverage industry as wine clubs, beer-of-the-month clubs and spirits clubs.  The Advisory notes that when consumers sign up for these clubs and agree to receive future shipments or deliveries of wine, beer or spirits, they effectively become subscribers to the licensee’s offering of products.  To the extent these memberships are creating a paid subscription or purchasing agreement that is automatically renewed, the clubs must comply with California and Federal statutes that regulate such purchasing arrangements.  Read More ›

Will The New Do Not Track Act Become Federal Law?

On May 20, 2019, Senator Josh Hawley, the Junior Senator from Missouri, announced that he will introduce the Do Not Track Act to aid consumers in controlling their personal data.  The Do Not Track Act is similar to the national “Do Not Call” list, which gives individuals the power to block online companies from collecting data beyond what is necessary for their online services. Read More ›

Kawhi Leonard Sues Nike Over the KL2 Logo

Kawhi Leonard, an NBA player who plays for the Toronto Raptors, sued Nike on June 3, 2019 in the U.S. District Court for the Southern District of California, Case 3:19-cv-01035-BAS-BGS, seeking declaratory relief of non-infringement and a declaration that he created and owns the KL2 logo: , that Nike did not author the logo and has no rights to the logo, that Nike is not entitled to copyright registration of the logo and that Nike defrauded the Copyright Office by intentionally misrepresenting the author of the logo.  Read More ›

Luxury Daily Publishes Article by Safia Anand on What Brands, Advertisers and Influencers Can Learn From #FyreFestival

Olshan Counsel, Safia Anand, published an article entitled “What Brands, Advertisers and Influencers can Learn from #FyreFestival” in the Luxury Daily, addressing the failed music festival Fyre Festival and the social media implications.  Read More ›

New Bill Introduced in California Aims To Strengthen and Clarify CCPA

As we have previously reported, California’s Consumer Privacy Act (the “CCPA”) was passed in 2018 and goes into effect in January 2020, which provides broad protections for consumers in their ability to control the use of their personal data.  You can see our prior article here.  On February 25, 2019, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced SB 561, legislation intended to strengthen and clarify the CCPA. The Attorney General’s press release can be viewed here.  Senator Jackson has stated that the bill is designed to ensure that “the most significant privacy protections in the nation are robustly enforced”.  Read More ›

Google Has Been Fined Almost $57 Million for GDPR Violations

Following the enactment of the European Union’s General Data Protection Regulation (“GDPR”), which went into effect on May 25, 2018, Google has now been fined heavily for violations of the law.  On January 21, 2019, the Commission nationale de l’informatique et des libertés (“CNIL”), the French data privacy authority, fined Google €50 million (approximately U.S. $57 million) for violating the GDPR because it did not properly ask its users for consent to use their data to personalize advertising and because the company makes it too hard for users to find out how their personal information is used and how long that information is stored.  This is the largest financial penalty for a privacy breach in Europe.  CNIL’s press release can be viewed here: Press Release Read More ›

Luxury Daily 2019 Conference: Digital Acceleration

On January 16, 2019, Luxury Daily sponsored its seventh annual Luxury FirstLook conference in New York City, entitled Luxury FirstLook 2019:  Digital Acceleration.  The expert speakers were extremely informative and included senior executives from numerous companies, including, Facebook, Google, Boston Consulting Group, LVMH Moet Hennessy, Lladro, Town & Country, Artsy, Forrester Research, McLaren Automotive, Valmont, Quintessentially, Flont, Armarium, Perrin Paris, L.K. Bennett, Publicis Groupe’s Team One, Martini Media, Vibes, Leading Real Estate Companies of the World’s Luxury Portfolio, Douglas Elliman, Concierge Auctions, Luxury Institute, Customer Experience Group, PMX Agency, Timeless Distributors, Shanker Inc. and Euromonitor.  I was invited to attend as Olshan is legal counsel to Luxury Daily. Read More ›

The Use of Consumer Perception Surveys in NAD Cases and How to Get Them Right

The use of consumer perception surveys before the National Advertising Division (“NAD”) is an important tool for advertisers who are challenging and defending advertisements.  NAD often expresses a wish to see surveys in their opinions, and surveys are one way for NAD to determine the messages conveyed to consumers in advertisements.  On December 7th, the Advertising Self-Regulatory Counsel (“ASRC”) hosted an informative conference on consumer perception surveys which gave insight into the use of such surveys before NAD over the last five years and guidance into what makes a good survey from experts and from the perspective of NAD.  Read More ›

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