Advertising Law Blog

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a PacerMonitor article about the recent federal crackdown on false advertising by various brands.  This slew of false advertising complaints launched in federal court are holding companies such as McDonald’s, L’Oreal and Eden Creamery accountable. Mr. Lustigman stated that “We can expect tighter advertising as a result, which is positive from the consumer’s perspective.” He goes on to mention that “Businesses need to be very careful,” and to “Examine your business practices and the claims you’re making very closely because as a business owner you need not only worry about federal and state regulators but also the possibility that your advertising and marketing practices will be heavily scrutinized for any potential mis-statements, which carries a tremendous liability.” The outcome of these cases may impact the American consumer marketplace and whether brands will change how they do business.