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.
An overwhelming number of US/Canada international sweepstakes promotions typically void the Canadian province of Quebec, resulting in Quebec residents being ineligible to participate. The province is typically voided because of a French translation requirement and a novel registration and tax regime based on prize value with the Regie des alcools, des courses et des jeux (the “Régie”). In an effort to expand sweepstakes offerings to this highly populated Canadian province, it has been reported that Quebec recently changed its promotion registration and tax requirements, making it easier to run international promotions open to Quebec residents.
FTC trying to recover the right to seek disgorgement of unjust enrichment in federal court
Court allows FTC to withdraw disgorgement claims with eye towards possible reinstatement.
Olshan Intellectual Property/Brand Management and Protection partner Mary Grieco was quoted in a recent Law360 article (subscription required) entitled “Apple’s App Tracking Shift Seizes On ‘Spirit’ Of Privacy Laws.”
FTC can no longer go straight to court to recover monetary damages
The New Jersey Law Journal (subscription required) reported that Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a Consumer Fraud Act class action suit on behalf of Pure Radiance, a distributor/manufacturer of wellness products. The suit was dismissed because the lawyer-plaintiff, Harold Hoffman, claimed that the purchased nutritional product did not perform as advertised. The lawyer-plaintiff asserted that the advertising for the consumer product made claims that were not substantiated by research, but in a first-of-its-kind state court decision, the court ruled that sort of claim is reserved for the attorney general, not a private plaintiff. The Court further ruled that the lawsuit failed to allege sufficient facts to state a claim under New Jersey’s Consumer Fraud Act. Scott Shaffer was quoted as saying that “the judge’s ruling is correct in assessing the Consumer Fraud Act, and on behalf of the client, I’m pleased with the ruling.”
Olshan Intellectual Property/Brand Management and Protection partner Mary Grieco was featured on IP Talk, the news blog of Inlex IP Expertise, a French industrial property law firm focusing on trademarks, domain names and data protection.
One billion spoofed calls touted short-term health insurance
Reckitt Benckiser agrees to pay $53 million to end class actions regarding dietary supplement pain relief claims.