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.
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.
Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.
The FTC recently announced that it has given final approval to a settlement with PayPal, Inc. over allegations that Venmo, its peer-to-peer payment service, misled consumers about their ability to transfer funds to external bank accounts and control the privacy of their transactions.
On April 26, 2018, the Senate unanimously confirmed all its nominees to the Federal Trade Commission (“FTC”), allowing the FTC to regain full strength for the first time since President Trump took office. In the months since President Trump’s inauguration, the FTC has been operating with just two Commissioners.
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.
Wright, et al v. Publishers Clearing House, Incorporated and Publishers Clearing House, LLC (EDNY April 23, 2018)
Andrew Lustigman and Morgan Spina published an article in Leading Internet Case Law entitled “Court Rules Embedded Photos on Websites May Constitute Infringement.”
Illegal offer no longer enough: a plaintiff must suffer some form of injury to recover under the statute
Andrew Lustigman and Morgan Spina published an article in BNA Big Law Business entitled “Understanding Advertising Disclosure Obligations Within Virtual Reality.”