Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Three AGs Announce $1 Million Settlement with Internet Marketer

Attorneys General in New York, Pennsylvania, and Washington recently announced a settlement with an online marketing company over its “negative option” marketing plans. Internet Order LLC advertises an offer whereby…

Tenth Circuit Rules that False Advertising Plaintiffs Must Allege Evidence of Implied Falsity and Quantify Damages at Pleading Stage

In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham…

Made in America SB633 Enacted into Law

Today, California Governor Jerry Brown signed SB633 into legislation allowing manufacturers to carry the label “Made in America”, even if their products were not entirely made in the United States. This is similar to…

Lands’ End Requests Dismissal of “Made in U.S.A.” Class Action After Reimbursing Plaintiff

Last week, Lands’ End tried a second time to dismiss a “Made in U.S.A.” class action with the novel argument that, because the company had already reimbursed the plaintiff for the necktie she purchased, she is not…

Scandal Serves as a Reminder of the Importance of Morals Clauses

This week, long-time Subway spokesperson Jared Fogle reached a plea agreement on charges of child pornography and having sex with minors.​ ​Although the sandwich shop noted that it no longer has a relationship with…