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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 12 posts by Tamara Carmichael.

Tamara Carmichael Quoted in Corporate Counsel on the FTC’s Mosquito Repellent Complaint

Olshan Advertising partner Tamara Carmichael was quoted in a Corporate Counsel article on the FTC’s recent settlement with two Georgia companies in connection with their promotion of a new insect repellent during the 2016 Zika virus outbreak 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.

Olshan to Host INTA Roundtable on March 6

Olshan will host an INTA Roundtable on March 6, 2018 Read More ›

Facebook Updates “Branded Content Policy”

Over the last several years, the use of social media as a vehicle for advertising has grown exponentially.  As discussed in prior blog posts, examples of which you can find here and here, the Federal Trade Commission (“FTC”) has released guidelines pertaining to such paid social media posts, requiring that any material connections between advertisers/brands and those social media users posting the content is clearly and conspicuously disclosed.     Read More ›

CARU Refers Genesis Toys, Maker of Cayla “Connected” Doll to FTC

The Children’s Advertising Review Unit (“CARU”) recently referred the maker of “My Friend Cayla Party Time” children’s doll and its related “My Friend Cayla App” owned and operated by Genesis Toys to the FTC after the company did not respond to CARU’s initial privacy inquiry. Read More ›

Germany Considers Fining Social Media Platform’s Failure to Remove Illegal Content

In the wake of recent public dialogue about whether or not social media plays a role in the outcome of public events, this week, German Justice Minister, Heiko Maas, has proposed a law that would see social media sites face fines of up to 50 million euros if they fail to remove illegal content from their platforms. This comes on the heels of analogous discussions in the U.S. about social media platforms' role in disseminating, and obligations to review and remove, now-coined “fake news” content. Most recently, on March 13th, 2017, Facebook CEO, Mark Zuckerberg, again defended his company against assertions that by failing to remove false content from the platform, Facebook plays a role in promulgating “fake news.” Following a November 2016 Facebook post in which Zuckerberg addressed the need to weigh the removal of “fake” or illegal content from the platform against the preservation of freedom of expression, Zuckerberg touted accusations that Facebook wants “fake news” as “crap.” Commenting at a recent talk at North Carolina A&T State University, Zuckerberg rejected the notion that Facebook views “fake news” articles as a means of inducing more “clicks.” Read More ›

NAD Considers Retailers Native Advertising

On December 22, 2015, the Federal Trade Commission (“FTC”) issued the Native Advertising: A Guide for Business (the “Native Advertising Guide”). The Native Advertising Guide was published to help companies determine when and how to disclose what content is native advertising. Read More ›

Olshan Advertising Practice Recommended in The Legal 500 2016

Olshan listed in The Legal 500, a London-based directory of leading lawyers for Media, Technology & Telecom work (Advertising, Marketing & Promotions) in Tier 3 in its 2016 edition. Read More ›

CARU Considers Disclosures in Children’s Advertising

In two recent decisions, CARU considered children’s “bead” art playsets and reinforced that advertisers must clearly disclose information about what products are included in the initial purchase, and avoid creating the impression that a product can perform in a manner that it cannot. Read More ›

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