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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 96 posts in FTC.

Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof

Disgorgement Avoided Even Though Liability Established Read More ›

FTC and FDA Send Warning Letters to E-Liquid Companies Related to Deficient Social Media Endorsements

As we have discussed in a prior post, the FTC and FDA have been involved in a joint effort to curb non-compliant labeling and/or advertising of e-liquids for use in e-cigarettes. For the most part, the agencies have been focused on protecting children and young people from the dangers of nicotine and tobacco products by cautioning manufacturers, distributors and retailers of e-liquid products against using labeling, packaging and/or advertising that resembles children’s food products, like juice boxes, candies or cookies. Read More ›

Lustigman and Spina Publish Article in ABA’s What’s In Store Newsletter on FTC’s Enforcement Authority

Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman and associate Morgan Spina authored an article for the ABA’s Spring 2019 What’s In Store newsletter titled “Are FTC Enforcement Powers Being Reined In?” Read More ›

FTC Challenges Fake Paid-For Reviews on Amazon for The First Time

As we have discussed previously, the prevalence of Internet usage in everyday life has led to an e-commerce market whereby consumers are able to post online reviews of a vast range of products and services. For the most part, such reviews are made public without regard to the relevant expertise of the reviewers, and with little to no oversight as to the legitimacy of such reviews. You can see our prior articles on this topic here and here. Against this backdrop, the Federal Trade Commission (“FTC”) has brought a claim against a marketer for the deceptive use of fake, paid-for reviews on an independent retail website for the first time. The FTC’s enforcement efforts in this regard should signal to marketers that the FTC is taking such actions seriously. Read More ›

FDA and FTC Focus On Dietary Supplement Industry Disease Claims

The Food and Drug Administration (“FDA”) and Federal Trade Commission (“FTC”) have issued joint warning letters focusing on disease claims being made by dietary supplement marketers. In addition, the FDA announced new steps it is undertaking with a goal toward protecting the public from potentially harmful products and unapproved claims.   Read More ›

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 ›

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