USA - Nationwide: An Advertising: Transactional & Regulatory Overview

Olshan partners from the firm’s Shareholder Activism, Litigation, Real Estate Law and Advertising, Marketing & Promotions practices authored Chambers overview articles for their respective practice areas.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, authored the article “USA - Nationwide: An Advertising: Transactional & Regulatory Overview.” In the article, Andy discusses how advertising regulation and enforcement in the United States are evolving under the current federal administration and why advertisers still face significant compliance risks despite changes at the federal level. Topics that Andy explores in the article include how the FTC remains important despite its curtailed authority and how the agency’s enforcement priorities have shifted, including its approach to AI-related matters and “drip pricing”; how subscription and recurring-payment programs face intense scrutiny; the ways in which state, local and self-regulatory enforcement are becoming more important; and how National Advertising Division of the Better Business Bureau (NAD) referrals may create greater enforcement exposure. Andy concludes that, while federal advertising enforcement may look different than it did in recent years, advertisers should not become complacent: “As such, advertisers must remain vigilant in their compliance efforts, regardless of who may be the enforcer.”