Ad Law Access

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

Fembots and False Advertising

Fembots have plagued humanity for many years. In the 1970s, fembots attempted to seize control of a weather device before they were defeated by the Bionic Woman. And in the 1990s, fembots worked with Dr. Evil until…

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…

Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit

On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained…

Beware the “Industry Sweep”: Car Dealerships Hit with FTC Enforcement

As we reported previously, the FTC, in September, announced settlements with two car dealerships over price advertising alleged to be deceptive. At that time, the FTC noted that the two settlements were “part of [a]…