Lustigman Discusses Clear Disclosures in National Advertising and Social Media Campaigns

Partner Andrew Lustigman authored the article "The importance of clear and conspicuous disclosures in national advertising and social media campaigns," published by Inside Counsel. The article explains how marketers must consider important information such as service limitations and additional purchase requirements as meaningfully to disclose to consumers as part of any advertising campaign, as highlighted by the Federal Trade Commission, and its recent enforcement action against Sony and its advertising agency relating to its social media campaign. The sufficiency of the advertisements should be evaluated by analyzing whether they pass the four P’s test: sufficient prominence, placement as to whether consumers would see the disclosure, presentation in a manner to be easily understood and timely and in close proximity to the triggering claim.