Panera Faces Class Action Lawsuit Over Misleading Subscription Program

* Rachel Gold is a law clerk in the Corporate/Securities Law practice group.

Panera Bread Company (“Panera”) is facing a class action lawsuit that alleges its Unlimited Sip Club (“Club”) is in fact not so unlimited. According to Panera’s own promotional materials, the Club is a refill program where members pay $10.99 per month for access to lemonade, soda, coffee, and tea drinks of “any size” at “any time.” Read More ›

Olshan Recognized by Media Law International

Olshan’s Advertising, Marketing & Promotions practice group has been named a Tier 2 firm as part of the 2022 release of Media Law International. Read More ›

The In-House Lawyer Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored an extensive Q&A, published by The In-House Lawyer which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. Read More ›

FTC Invites Public Comment on Improvement of Existing Negative Option Rule

The Federal Trade Commission (“FTC”) announced that it is seeking public comment on ways to improve its existing regulations for negative option marketing, namely, the need for amendments to its Rule Concerning the Use of Prenotification Negative Option Plans (the “Negative Option Rule” or “Rule”). Read More ›

Andy Lustigman Quoted in Digiday on Virtual Reality, the Latest Ploy to Target Kids

Olshan Advertising Partner Andrew Lustigman was quoted by Digiday, a New York-based online publication that covers the digital marketing industry, on legalities involved in marketing junk food to kids through McDonald’s new VR Happy Goggles.  Read More ›

Ethics, Disclosure and Best Practices

Andrew Lustigman to speak at IZEAFest 2015 on October 23, 2015. Read More ›

Recent Cases Highlight the Need at a Minimum to Carefully Review Underlying Substantiation Provided by a Supplier

As typically the consumer facing entity, the manufacturer has potential exposure from regulators and consumers alike for disseminating potentially unsupported claims. Read More ›

Ninth Circuit Rejects FTC Ban On Internal Consumption Commissions

The appellate court has rejected the FTC’s argument that internal sales cannot be considered sales to ultimate users for purposes of a pyramid scheme analysis. Read More ›

FTC Expresses Concern with MLM Component

The FTC’s settlement with Fortune Hi-Tech continues the agency’s push to permit only commissions on third-party sales. Read More ›

NAD Clarifies Standard for "Puffery"

The National Advertising Division, a specialized dispute resolution forum administered by the Council of Better Business Bureaus, recently clarified the standard for determining whether statements are mere "puffery," rather than unsupported superiority messages. Read More ›