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.
But Spokeo does not definitively define what an injury-in-fact is.
In two recent decisions, CARU considered children’s “bead” art playsets and reinforced that advertisers must clearly disclose information about what products are included in the initial purchase, and avoid creating the impression that a product can perform in a manner that it cannot.
Summary of the significant developments in consumer protection law during March - April 2016.
New York can serve as both the host forum and the source of law for international business disputes.
The New York Attorney General's lawsuit against Donald Trump individually and Trump Entrepreneur Initiative, LLC (f/k/n Trump University) for false advertising could proceed.
FDA issued letters to KIND, LLC over its use of the terms "healthy and tasty" in connection with its listing of product ingredients.
Four companies reached settlement with FTC on charges that their products were 'all natural' despite containing artificial ingredients or chemicals.
The FTC has approved a final consent order with Machinima, Inc., requiring the company to disclose when it has compensated influencers to post YouTube videos or other online product endorsements as part of influencer campaigns.
The creation of a new web-based tool for developers of health-related mobile apps.
The FTC brought charges against Lord and Taylor claiming that it deceived consumers by paying for native advertisements, including a seemingly objective article in Nylon (an online publication) and a Nylon Instagram post, without disclosing that the posts actually were paid promotions for Lord & Taylor’s 2015 Design Lab clothing collection.
Federal Trade Commission, all Fifty States, and the District of Columbia v. Cancer Fund of America Inc., et al., No. 2:15-cv-00884-NVW (D. Ariz.)
App developers on the Google Play market received warning letters from the FTC
Federal Trade Commission v. Amazon.com, Inc., No. 2:14-cv-01038 (W.D. Wash.) April 26, 2016
The FTC filed a complaint against Volkswagen alleging that the company violated the FTC Act when it deceived consumers through an advertising campaign promoting its supposedly “clean diesel” Volkswagen and Audi automobiles. The FTC alleges that Volkswagen fitted those cars with illegal emission defeat devices designed to mask high emissions during government emissions testing. The marketing campaign featured high-profile Super Bowl ads, online social media campaigns, and print advertisements that often target “environmentally-conscious” consumers.
Deceptive pricing/sales practices continue to be at the forefront of state regulators and private plaintiffs. The New York Attorney General’s recent $500,000 settlement with leading drug store retailer Walgreens/Duane Read involving allegations of such practices sends a strong message to retailers to verify that their pricing and sales practices are consistent with federal and state law.
Andrew Lustigman, head of the firm’s Advertising, Marketing & Promotions Practice Group, was quoted in the article “Under the Influence” published in Contently on April 20th, 2016, following the FTC’s Lord & Taylor settlement focusing on native advertisements and influencers.