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.
As previously discussed in this blog, advertisers' growing reliance on rebates to offer sale prices is leading state lawmakers to consider legislation governing how rebates can be advertised and handled resulting in a mish mash of legislation that is confusing to both businesses and consumers.
On January 29, 2007 the New York Attorney General announced separate settlements with three major online advertisers for promoting products and services on the Internet through deceptively installed programs known as "adware." The agreements, with Priceline, Travelocity, and Cingular Wireless mark the first time an Attorney General has held advertisers responsible for ads displayed through adware.
FTC Requests Public Comments on Endorsement Guides
A recent lawsuit (Gorran v. Atkins Nutritionals, Inc.) decided in federal court in New York City rejected the claim of a fed-up dieter who blamed the diet he followed for causing him heart problems in part, on First Amendment grounds.
As reported in the Times of London, the founders of Neteller -- Stephen Lawrence and John Lefebvre a publicly-traded UK online payments company, were arrested in connection with a multibillion-dollar money laundering indictment linked to Internet gambling.
After much debate, including concerns raised by the Federal Trade Commission that the prior proposal would restrict truthful advertising and ultimately harm consumers, the New York State Unified Court System has announced the new attorney advertising regulations that will go into effect February 1, 2007.
The Federal Trade Commission announced that it will continue past January 2, 2007 its policy of forbearing enforcement of the prerecorded voice messaging policy under certain limited conditions.