Advertising Law Blog

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 Lustigman, Mary 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.

On July 9, 2021, the Colorado Governor signed Colorado House Bill No. 1239 into law, resulting in Colorado becoming the latest state to enact new automatic renewal and cancellation procedures applicable to consumer sales contracts. In addition to addressing general automatic renewal contracts, the new Colorado law establishes certain requirements regarding the execution and enforcement of dating service contracts.

An overwhelming number of US/Canada international sweepstakes promotions typically void the Canadian province of Quebec, resulting in Quebec residents being ineligible to participate. The province is typically voided because of a French translation requirement and a novel registration and tax regime based on prize value with the Regie des alcools, des courses et des jeux (the “Régie”). In an effort to expand sweepstakes offerings to this highly populated Canadian province, it has been reported that Quebec recently changed its promotion registration and tax requirements, making it easier to run international promotions open to Quebec residents.

FTC trying to recover the right to seek disgorgement of unjust enrichment in federal court

Court allows FTC to withdraw disgorgement claims with eye towards possible reinstatement.