NY AG Settlement Hold Online Advertisers Responsible for Displaying Ads Through Deceptively Installed Adware Programs
Posted by: Adam Solomon
January 31, 2007

On January 29, 2007 the New York Attorney General announced separate settlements with three major online advertisers for promoting products and services on the Internet through deceptively installed programs known as "adware." The agreements, with Priceline, Travelocity, and Cingular Wireless mark the first time an Attorney General has held advertisers responsible for ads displayed through adware.

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FTC Requests Public Comments on Endorsement Guide - March 19, 2007 Cutoff
Posted by: Andy Lustigman
January 19, 2007

Potentially focusing on weight loss, dietary supplements, and business opportunity advertising, the Federal Trade Commission is requesting public comments on the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. The specific questions and information on submitting comments is available in the Federal Register Notice Comments are due to the FTC on or before March 19, 2007.

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Court Recognizes First Amendment Protections To Advertising
Posted by: Andy Lustigman
January 18, 2007

A recent lawsuit (Gorran v. Atkins Nutritionals, Inc.)  decided in federal court in New York City rejected the claim of a fed-up dieter who blamed the diet he followed for causing him heart problems in part, on First Amendment grounds. The court found that the book promoting the website was protected speech and that the website - which promoted the diet and related products and services -- contained both commercial and noncommercial speech. The decision illustrates an important distinction as to legal protection marketers need to consider -- where is the line between fully protected free speech and commercial speech, the latter of which governments can and do heavily regulate. Our article on the subject can be found here.

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NY Adopts New Lawyer Advertising Rules - Effective February 1, 2007
Posted by: Andy Lustigman
January 15, 2007

After much debate, the New York State Unified Court System has announced the new attorney advertising regulations that will go into effect on February 1, 2007.