Advertising Law Blog
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 Lustigman Firm, a law firm focused on finding creative legal solutions to its client’s advertising challenges and compliance.
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Recent Articles
Altria Group, Inc. v. Good: Supreme Court Rejects Pre-emption and Allows Smokers to Sue for Fraud
On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act"). In a divided five-to-four...
FTC Clarifies Position on Forward to a Friend
The Federal Trade Commission announced that it had approved new rule provisions intended to clarify CAN-SPAM requirements. The comments to the updated rules discuss various fact situations in which a company would (or would not) be responsible as the "sender" in a Forward to a Friend...
Football Star Sues to Get Rights to Own Nickname
A District Court in Texas has been asked to decide whether an athlete has the exclusive right to his own nicknames.
FTC Clarifies Position on Forward a Friend
The Federal Trade Commission announced that it had approved new rule provisions intended to clarify CAN-SPAM requirements. The comments to the updated rules discuss various fact situations in which a company would (or would not) be responsible as the "sender" in a Forward to a Friend...
Andrew Lustigman To Present on "The Legal Framework for Marketing Innovative, Synergistic Food/Cosmetic Products"
On March 2, 20009, Andrew Lustigman will present at HBA's Global X-Ceuticals Expo on the legal framework for Marketing Innovative, Synergistic Food/Cosmetic Products. This presentation will explore the legal aspects in marketing health-related products, regardless of their claimed category. The...
SAY GOOD BYE TO "RESULTS NOT TYPICAL"? THE FTC PROPOSES REVOLUTIONARY CHANGES TO ITS GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TEMSTIMONIALS IN ADVERTISING
The FTC recently proposed significant revisions to its endorsement and testimonial guides that if implemented, will greatly impact advertising utilizing testimonials. Under the proposed revisions, if the advertiser does not have substantiation demonstrating that the results depicted in a...
Altria Group, Inc. v. Good: Supreme Court Rejects Pre-emption and Allows Smokers to Sue for Fraud
On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act"). In a divided five-to-four...
Football Star Sues to Get Rights to Own Nickname
A District Court in Texas has been asked to decide whether an athlete has the exclusive right to his own nicknames.
Internet Marketers of "Free" Products Ordered to Pay $9.9 Million
The FTC continues to crack down on Free Trail Offers sold on the Internet. The most recent settlement with Ultralife Fitness, Inc. is similar to the FTC's settlement with Think All Publishing and NextClick Media that we reported on back in June 2008.
Advertising Law Blog Listed on top 100 DIY Legal Resources on the Web
The Lustigman Firm is proud to announce that its Advertising Law Blog has been included on e-Justice Law Blog's top 100 free do it yourself legal resources on the web. The blog is recognized as providing tips and insight into advertising law, including Internet and privacy law, and promotional...
