Ad Law Access

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

NAD Increases Filing Fees for Appeals

Effective today, the NAD has increased its filing fees for appeals and cross-appeals at the National Advertising Review Board to $12,000. This is the first increase in NARB filing fees since 2007. According to the…

Can Targeted Pitches be False Advertising?

On March 28, the Northern District of Illinois held that a single in-person sales pitch is not commercial advertising and therefore the speaker cannot be liable for a false advertising suit under the federal Lanham…

Second Circuit Hears Oral Argument Regarding the Proper Form and Measure of Monetary Redress (If Any) Permitted Under Section 13(b) of the FTC Act

On Friday, February 4, 2011, Judges Calabresi, Lynch, and Wesley of the U.S. Court of Appeals for the Second Circuit heard oral argument in FTC v. Bronson Partners, LLC, No. 10-878. The district court had found that…

D.C. Court of Appeals Upholds "Injury-in-fact" Requirement for Standing Under the D.C. Consumer Protection Procedures Act

Yesterday, an en banc panel of the D.C. Court of Appeals upheld two separate trial court determinations that a plaintiff must suffer “injury-in-fact” before initiating a claim under the District of Columbia Consumer…

New Green Claims Raise Red Flags

In October, we posted that the FTC had proposed revisions to the “Guides for the Use of Environmental Marketing Claims,” more commonly known as the “Green Guides.” Among other things, the FTC’s proposed revisions…