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.
Despite obtaining an appellate ruling rejecting an across the board fixed substantiation requirement and an endorsement of first amendment rights to truthful promote certain health claims, POM is now seeking a rehearing from the broader appellate court on the issue of the constitutionality of POM’s advertising. While such a challenge is a long shot, the stakes are high for the FTC and marketers alike.
Oral arguments scheduled for October; Decision likely in 2016
A District Court has ruled that LeadClick Media, an affiliate marketing network, and its parent company, CoreLogic, Inc., must turn over $16 million they received from Leanspa LLC, an advertiser that sold purported weight-loss products.
Andrew Lustigman was an Editor for Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division.
Cyber-liability coverage cannot be addressed in a one-size-fits-all fashion.
Andrew Lustigman spoke at the Direct Marketing Association and Mobile Marketer's 6th Annual Mobile Marketing Day.
Olshan Partner Andrew Lustigman authored an article published by Inside Counsel entitled, "An overview and the impact of the Consumer Privacy Bill of Rights."
Partners Andrew Lustigman and Howard Smith authored an article published by Inside Counsel entitled, "When self-regulatory remedies can be the better alternative."
The FTC and the makers of the Jungle Rangers mobile App game, which is geared towards children, have reached a settlement regarding the company's unsubstantiated cognition-related claims in their advertisements.
Lustigman discusses the challenges of advance consent in Inside Counsel article.