Category Archives: advertising

NYT on finessing FDA label requirements

Posted on March 12, 2014 by rtushnet

Oreo’s “Cookie Dough” Oreo has neither chocolate chips nor cookie dough.  “Compliance” with FDA labeling requirements is achieved (says Oreo) by the use of “flavor creme” in smaller type on the packaging, plus “chocolatey” chips since the chips don’t meet … Continue reading →

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state can regulate health referral provider’s speech about potential benefits

Posted on March 11, 2014 by rtushnet

1-800-411-Pain Referral Service, LLC v. Otto, 2014 WL 904190, No. 13-1167, — F.3d —- (8th Cir. Mar. 10, 2014) My discussion of the opinion below.  411-Pain advertises extensively and connects callers to health care providers or attorneys in their areas.  … Continue reading →

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Securities law and advertising law

Posted on March 10, 2014 by rtushnet

Ann Lipton (Duke) has a post up on the import of Halliburton II, a securities case about the fraud on the market doctrine, with at least potential relevance to advertising law.   Another of her posts considers the securities law … Continue reading →

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Slate on the branding of spelling (or the spelling of branding)

Posted on March 5, 2014 by rtushnet

Marketers address unusual and downright awful grammar and spelling choices in brand names.  Strange spelling may sometimes help memorability, a desired brand feature, but the law ignores bad spelling. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Credit score service is credit repair service because of its ads

Posted on February 24, 2014 by rtushnet

Stout v. FreeScore, LLC, No. 10-56887 (9th Cir. Feb. 21, 2014) The court of appeals reversed the dismissal of Stout’s putative class action against FreeScore under the Credit Repair Organizations Act (CROA). The district court concluded that FreeScore is not … Continue reading →

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Strict liability for misleading advertising in Europe

Posted on January 29, 2014 by rtushnet

Interesting post from Lewis Silkin about the UK’s ASA versus the EU Court of Justice: the former allowed an advertiser to rely on a third party’s representations (I think that’s a bit of a simplification–the third party was the complainant … Continue reading →

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Product placement labeled news attracts NAD’s condemnation

Posted on January 21, 2014 by rtushnet

American Media, Inc. (Shape Water Boosters), NAD Case #5665 (Dec. 18, 2013) NAD brought this case itself.  NYT article on the case, of note given the NYT’s own foray into “native advertising.”  An article in Shape magazine, and on its … Continue reading →

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advertising law exam in 140 characters or less

Posted on January 7, 2014 by rtushnet

Film critic’s tweet turned into ad without his consent: violation of the right of publicity?  Grounds for a false endorsement claim?  Or just standard practice for publishers’/studios’ use of reviews?  (This ad is for a product itself protected by the … Continue reading →

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News for storage jars containing sugar

Posted on January 2, 2014 by rtushnet

The NYT discusses searches for new sugar substitutes, along with legal/advertising aspects of their promotion: [W]hat about the consumers who are drawn to “natural” claims — will they still go for stevia when it flows from a vat of G.M.O.’s? … Continue reading →

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Irrationally sexist advertising

Posted on December 20, 2013 by rtushnet

PETA notoriously has a lot of ad campaigns focusing on women’s bodies and sexuality.  Two recent studies suggest that this backfires: dehumanizing women reduces intentions to support the organization.  It’s a mantra that half of all advertising dollars are wasted–but … Continue reading →

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