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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 42 posts by Safia A. Anand.

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 ›

Has the GDPR Been Domesticated?: Look Out for the California Consumer Privacy Act

Following the enactment of the European Union’s General Data Protection Regulation (“GDPR”), which went into effect on May 25, 2018, California has signed the California Consumer Privacy Act of 2018 (CCPA) into law, which will become operative on January 1, 2020.  While companies who are now GDPR compliant will be in a better position to become compliant for CCPA purposes, there are still steps that even GDRP-compliant companies will need to take to become CCPA compliant.  The full text of the CCPA can be viewed here.    Read More ›

Venmo FTC Settlement Highlights Safeguard and Privacy Representation Risks

The FTC recently announced that it has given final approval to a settlement with PayPal, Inc. over allegations that Venmo, its peer-to-peer payment service, misled consumers about their ability to transfer funds to external bank accounts and control the privacy of their transactions.  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.

Class Action Lawsuit Filed Against PCH Relating To Sweepstakes Marketing Practices

Wright, et al v. Publishers Clearing House, Incorporated and Publishers Clearing House, LLC (EDNY April 23, 2018) Read More ›

FTC Settles with Bollman Hat Company Regarding its Deceptive “Made in USA” and Certification Claims

Even though products that are Made in the USA are sometimes more expensive than imported products, many American consumers prefer to buy Made in the USA products, especially in today’s climate. Products that are Made in the USA help to provide jobs to Americans, promote American independence, and presumes a better quality product.  Companies should be warned that if they make a claim that their products are Made in the USA, the claim needs to be true so that consumers are not deceived.   Read More ›

Challenges in Influencer Marketing, Native Advertising and Online Reviews

Influencer marketing, native advertising and online reviews have become popular marketing tools for many companies given the popularity of social media.  To address consumer protection concerns relating to the use of such endorsements, the FTC has issued guidelines.  With the popularity of social media and marketers’ reliance on this form of advertising, it is important that companies review and implement these guidelines into their online marketing.  Notably, the guidelines require that endorsements reflect the honest opinion of the endorser, that the endorsements are not misleading, that the endorsements are not used to make a claim that the product’s marketer could not legally make, and that if there is a connection between an endorser and the marketer that consumers would not expect and would affect how consumers evaluate the endorsement, that connection should be disclosed. Read More ›

FTC Increases Scrutiny of “Made in the USA” Claims

Companies and advertisers need to ensure that any “Made in USA” claims they make are not misleading, as the FTC  has increased scrutiny of such claims. Read More ›

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