Category Archives: Advertising Law

Advertising law news articles, reiews, notes and blog examples.

California Strikes Again – The Consumer Privacy Act of 2018

By: Brent E. Johnson and Tracy Gray Those of us who practice in California have become immune to the State’s dominance of U.S. consumer protection law.  When other states dip their toes into the regulation of interstate commerce, they are often either kyboshed by the federal government [e.g., Vermont’s short-lived GMO law, which was specifically pre-empted by the U.S. Safe and Accurate Food Labeling (SAFE) Act] or by their own courts, as recently occurred  in New Jersey when its supreme court ruled that, without monetary or other harm, violations of the State’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) did not confer on plaintiffs the status of “aggrieved consumers” required to maintain an action – despite the fact that the statute applies to “prospective customers.”  David Spade v. Select Comfort Corp. (A-57-16) (078611) (April 16, 2018). California stands alone in its….. To continue reading this legal news please click Read full information...

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#SaferProductsForAll – Global Developments in Product Safety

On June 25, 2018, four major online retailers, Alibaba (for AliExpress), Amazon, eBay, Rakuten-France, and the European Commission signed a Product Safety Pledge to remove dangerous products in which they committed to the following for the benefit of European consumer safety: “React within two working days to authorities’ notices made to the companies’ contact points to remove listings offering unsafe products. Companies should follow up and inform the authorities on the action taken. Provide a clear way for customers to notify dangerous product listings. Such notices are treated expeditiously and appropriate response is given within five working days. Consult information on recalled/dangerous products available on the EU Rapid Alert System for dangerous non-food products and also from other sources, such as from enforcement authorities and take appropriate action with respect to the products concerned, when they can be identified. Provide specific single….. To continue reading this legal news please click Read full information...

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Pandamonium Over a Promotion: What to do When Your Promotion is Too Popular

Over the years there have been a number of promotions that just exploded beyond a brand’s expectations.  In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a coupon redeemable at participating restaurants.  Lines snaked out the doors and cars lines up at drive-thru windows.  Some customers waited two hours for their chicken and some were turned away with only coupons. Not to be outdone, on July 12, Build-A-Bear ran a one-day sale where customers could get a stuffed bear for the price of their child’s age.  As POPPA BEAR said to MAMA BEAR, if we truly love our BABY BEAR that is a deal we just can’t BEAR to miss.  Build-A-Bear could not just grin and BEAR it when the lines got unBEARable.  So Build-A-Bear published a notice on social media stating that it had to limit the number of people for safety concerns. Every brand wants to generate buzz over their….. To continue reading this legal news please click Read full information...

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You Thought We Wouldnt Notice .com

Read more detail on Legal News Directory – Advertising Law.. To continue reading this legal news please click Read full information...

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Visual demonstration of Blockchain Principles

I will be discussing brand protection applications for blockchain at: Hot Topics in IP Law, presented by the NY IP Law Association, Tuesday, July 17. Below is Blockchain 101, a visual demonstration of blockchain principles created by Anders Brownworth... To continue reading this legal news please click Read full information...

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