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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 91 posts in FTC.

FTC Deputy Director Provides Data Breach Litigation Update

FTC must react to Eleventh Circuit’s LabMD ruling Read More ›

Courts Cast Doubt on the FTC’s Power to Sue Based on Past Conduct

The FTC heavily relies upon its statutory authority to seek injunctive relief in federal court.  The FTC has broadly interpreted these powers to seek not just injunctive relief enjoining a particular practice, but monetary relief in the form of disgorgement.  Moreover, the FTC has taken the position that defendants in such actions are not entitled to a jury trial, because the relief being sought is merely equitable.  Read More ›

FDA Issues Further Warning Letter to E-Liquid Company

The FDA and FTC together have recently issued 13 warning letters to manufacturers, distributors, and retailers, cautioning against the sale of e-liquids for use in e-cigarettes using labeling and/or advertising that is similar to that which is found on children’s food products, like juice boxes, candies, or cookies.  The warning letters were sent in furtherance of the FDA and FTC’s efforts to protect young people from the dangers of nicotine and tobacco products.  Read More ›

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 ›

FTC Updates Jewelry Guides

The Federal Trade Commission (“FTC”) has approved revisions to its Jewelry Guides. The FTC’s Jewelry Guides aim to help marketers in the jewelry industry avoid consumer deception, while simultaneously interpreting how Section 5 of the FTC Act applies to certain practices in the industry. Section 5 of the FTC Act declares unlawful any “unfair or deceptive practices in or affecting commerce.” The FTC has released other similar industry-specific reports and guidelines including, for example, reports and guidelines related to the clothing and textiles industry, finance industry, and tobacco industry. As the jewelry industry evolved, it became clear to the FTC that a revision of its Jewelry Guides was warranted. As such, these recent revisions seek to encompass and address new issues facing the industry. 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 ›

New FTC Leadership

On April 26, 2018, the Senate unanimously confirmed all its nominees to the Federal Trade Commission (“FTC”), allowing the FTC to regain full strength for the first time since President Trump took office. In the months since President Trump’s inauguration, the FTC has been operating with just two Commissioners. 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 ›

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 ›

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