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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 150 posts by Scott Shaffer.

FTC Unveils New Strategy in “Pharma Bro” Case

Court allows FTC to withdraw disgorgement claims with eye towards possible reinstatement.  Read More ›

Supreme Court Deals a Harsh Blow to FTC’s Powers

FTC can no longer go straight to court to recover monetary damages Read More ›

Supreme Court Scales Back TCPA

Ruling opens the door for increased use of autodialed calls Read More ›

New Jersey State Court Successfully Dismisses Consumer Fraud Act Class Action Suit on Behalf of Olshan Client

The New Jersey Law Journal (subscription required) reported that Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a Consumer Fraud Act class action suit on behalf of Pure Radiance, a distributor/manufacturer of wellness products. The suit was dismissed because the lawyer-plaintiff, Harold Hoffman, claimed that the purchased nutritional product did not perform as advertised. The lawyer-plaintiff asserted that the advertising for the consumer product made claims that were not substantiated by research, but in a first-of-its-kind state court decision, the court ruled that sort of claim is reserved for the attorney general, not a private plaintiff. The Court further ruled that the lawsuit failed to allege sufficient facts to state a claim under New Jersey’s Consumer Fraud Act.  Scott Shaffer was quoted as saying that “the judge’s ruling is correct in assessing the Consumer Fraud Act, and on behalf of the client, I’m pleased with the ruling.”

FCC Issues $225 Million Fine to Robocallers

One billion spoofed calls touted short-term health insurance Read More ›

Record-Breaking Settlement Reached In Dietary Supplement Suit Regarding Pain Claims

Reckitt Benckiser agrees to pay $53 million to end class actions regarding dietary supplement pain relief claims. 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 ›

First Circuit Ruling Limits Wire Act’s Control Over Lottery, Online Gaming

Court of Appeals Issues Legal Victory for States Challenge to Department of Justice Read More ›

Law360 Publishes Article by Scott Shaffer on the Uncertain Future of the TCPA

Law360 has published an article authored by advertising partner Scott Shaffer entitled “TCPA Future Uncertain After A Tumultuous 2020.” In the article, Mr. Shaffer discusses the legal developments that occurred during last year regarding the Telephone Consumer Protection Act (TCPA) and what to expect in 2021. Read More ›

Olshan Branding Management and Protection Attorneys Present Webinar on Marketing in the COVID-19 Era to the Bronx Third Avenue BID

Olshan Advertising partners Andrew Lustigman and Scott Shaffer, along with Olshan Intellectual Property partners Tamara Carmichael and Mary Grieco—all of whom are members of Olshan’s Brand Management & Protection Practice Group—will present a webinar entitled “Marketing in the COVID-19 Era” for the Bronx Third Avenue Business Improvement District on December 16 at 9am. Areas to be covered include ecommerce marketing, advertising claims, social media marketing, and data privacy, followed by a Q&A. Read More ›

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