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.

The current global supply chain delays has impacted many aspects of our lives.

As reported in The New Jersey Law Journal (subscription required), Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a class-action lawsuit filed under New Jersey’s Consumer Fraud Act.

Andrew Lustigman, Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, was quoted in Law360 (subscription required).

Happy holidays! We hope you are safe and healthy. As we enter the new year, Olshan’s Advertising and Branding law groups shares their list of hot topics that look to be on the horizon for 2022. If you have any questions on these or other issues, please reach out to us. 

Non-fungible tokens or “NFTs” are projected to continue to grow as an integral part of branding strategies during 2022.  NFTs are unique and verifiable digital assets that, like cryptocurrency, are stored on a digital ledger or “blockchain” (such as Ethereum) and can be traded via online platforms that support NFTs (such as OpenSea).  Unlike cryptocurrency that can be traded or exchanged one-for-one with a like kind (i.e., one bitcoin equals another bitcoin), each NFT contains a digital signature that renders it “non-fungible” or one-of-a-kind.  NFTs are generally digital representations of real-world items such as music, audio, video, text and art.  NFTs first garnered widespread media coverage in March 2021 when the artist Beeple sold an NFT representing a collage of 5,000 digital images at auction at Christie’s for over $69 million. 

Andrew Lustigman,  Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, and associate Morgan Spina will speak on a virtual panel entitled “Advertising, Sweepstakes, Promotions and Competitions Workshop” hosted by LAWorld.

Olshan attorneys Andrew LustigmanMary Grieco and Morgan Spina will present a webinar entitled The Legal Side of the Digital Marketing World hosted by the Social Media Association.

The New York Law Journal published an Expert Opinion article authored by attorneys Andrew Lustigman and Scott Shaffer, entitled “Are College Athletes the Next Fashion Stars?”. 

While many marketers of CBD products label such products as “dietary supplements,” the FDA has made clear that it rejects the designation under the current regulatory standards.  The FDA’s recent pronouncement is consistent with its previously stated position that such products may not be marketed as dietary supplements because of a drug approval for the ingredient.

The self-regulatory body that oversees advertising aimed at children, the Better Business Bureau (“BBB”) National Programs’ Children’s Advertising Review Unit (“CARU”), has issued revised CARU Advertising Guidelines (the “Revised Guidelines”). The Revised Guidelines state that advertisers recognize that children have limited knowledge and sophistication, and as such their ability to evaluate the credibility of advertising is limited. It is within this context that the Revised Guidelines seek to ensure that advertising directed to children is not deceptive or inappropriate. The Revised Guidelines apply to advertising content targeting children under the age of 13.

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