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.
Andrew Lustigman was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands.
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 article about the Federal Trade Commission’s suit against A&O Enterprises Inc. for making false claims about their intravenous therapy products.
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.
The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?"
Olshan partners Steve Wolosky, Andrew B. Lustigman, Thomas D. Kearns, Eric L. Goldberg, Stephen L. Ferszt and of counsel Samuel P. Ross have been selected by their peers for inclusion in The Best Lawyers in America© 2019.
First-of-its-kind ruling broadens the reach of the TCPA
Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions.
Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman will present a live webinar for Lawline.com, an online CLE platform, on June 26th. Topics that Mr. Lustigman will explore include an examination of recent developments in social media marketing (with a particular focus on brands and influencers who utilize social media to promote goods and services), a review of the various regulations that govern social media marketing, and how to develop the best practices for compliance in light of the latest legal developments. CLE credits will be awarded for participation in the presentation.
You can register for this webinar here.
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.
One of the early guilty pleas in the government’s crack-down on allegedly fraudulent sweepstakes and astrology direct marketing campaigns has received a 36-month prison sentence. This sentence against a supplier reflects the serious nature of the government’s investigation into these matters.