Posts from May 2018.

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.

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)

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