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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 21 posts in False Advertising.
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 ›
Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was interviewed on Round Table Group’s Engaging Experts podcast in an episode entitled “How to Effectively Deal With False Advertising Disputes.” The episode explores various options for responding to false advertising claims and examines the variety of directions a business can take regarding an advertising dispute. Topics include how lawsuits concerning false representations have been filed under the Lanham Act, the founding of the National Advertising Division (NAD), strategies in a well-constructed cease and desist letter, and more. Read More ›
Andrew Lustigman Quoted in PacerMonitor on Recent False Advertising Crackdown
Andrew Lustigman was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands. Read More ›
Florida AG Sues Popular Miami Restaurants for Deceptive 'Farm-to-Table’ Claims
Florida Attorney General Pam Bondi filed a complaint in Miami-Dade County Circuit Court in May against a popular Miami-based restaurant operator for supplying non-locally sourced or sustainable ingredients despite claims to the contrary. Read More ›
NARB Reaches Same Conclusion as NAD on Mascara Volume Claims, Recommending Discontinuance of Claims
A panel of the National Advertising Review Board (“NARB”) has recommended that Too Faced Cosmetics, LLC (“Too Faced”) discontinue both a claim that its mascara provides for “1,944% more volume” and “before” and “after” photographs displayed on product packaging and online videos advertising their “Better Than Sex” mascaras. Read More ›
FTC Files Complaint in U.S. District Court for the District of Utah Against Misleading Online Hotel Room Rental Operation
The Federal Trade Commission recently filed a complaint in the United States District Court for the District of Utah against three defendants who purchase hotel room inventory through online travel agencies (“OTAs”) and then market those hotel rooms to consumers on the internet through search engine marketing such as Google. Read More ›
NAD Recommends Too Faced Discontinue Claims Related to Its “Better Than Sex” Mascara
A recent decision highlights the risk in relying on confidential support, as well the difficulty in substantiating extraordinary cosmetic benefit claims. Benefit Cosmetics recently challenged Too Faced Cosmetics’ advertising before NAD. The challenge was focused on Too Faced’s mascara advertising claims relating to clinic studies, the degree to which the product increased eyelash volume, and the representations made in the advertiser’s use of “before” and “after” comparative photographic demonstrations. Read More ›
New York Law Journal Publishes Article on Fake E-Commerce Reviews by Lustigman
The New York Law Journal (subscription required) published an article authored by Andrew Lustigman titled "Everyone's a Critic: Fake E-Commerce Reviews Undercut the Marketplace" Read More ›
"World’s Best Glass Cleaner” Claim Found To Be Puffery
S.C. Johnson recently brought a challenge before NAD claiming the phrase “World’s Best Glass Cleaner” claim on PLZ Aeroscience’s (“PLZ”) “Sprayway” glass cleaning product packaging was unsubstantiated. Read More ›
Jelly Belly Sued for Failing to Adequately Disclose the Presence of Sugar in Its “Sports Beans”
With consumers ever more ingredient-conscious, brands must be careful of how they describe them, particularly when the product may be positioned as a “healthy” version. Read More ›