Advertising Law

Facebook OKs $10M Settlement in Class Action re User ‘Likes’ in Site’s ‘Sponsored Stories’

Facebook has agreed to pay $10 million to charity to settle a class action suit over the social media site’s inclusion of a user’s “likes” of certain advertisers on “Sponsored Stories” that appeared on other members’ Facebook pages. The plaintiffs contended that Facebook’s use of their names and profile pages…

Jun 18, 2012 5:12 PM CDT

Fed’l Appeals Court Says Sign Law Applies to Dog Kennel’s Mural, Calls Claimed Artwork Advertising

Is a mural featuring dogs on the exterior of a commercial building a sign subject to standard business zoning requirements or a work of art? It depends on the subject matter, according to a federal appeals court opinion last week. But because the mural at issue featured cartoon canines from…

May 29, 2012 7:37 PM CDT

New Pom Wonderful Ads Use Selective Quotes from Judge’s Adverse Ruling

Beleaguered juice maker Pom Wonderful has responded to an adverse ruling by an administrative law judge by plucking positive quotes from his opinion and putting them in new ads. On Monday, Judge D. Michael Chappell issued a cease-and-desist order barring the company from claiming that its juice reduces the risks…

May 29, 2012 11:30 AM CDT

Law Prof Volokh Argues Google Has a Free Speech Right to Determine Search Results

Search engines have the same First Amendment rights to determine their results as newspapers do to choose news stories, according to a white paper co-authored by UCLA law professor and First Amendment expert Eugene Volokh. The paper (PDF), commissioned by Google, is likely aimed at preventing the government from regulating…

May 14, 2012 11:00 AM CDT

Appeals Court Overturns $10K Small Claims Verdict Against Honda for Hybrid Mileage Claims

A judge has overturned a nearly $10,000 small-claims award to a lawyer dissatisfied with the mileage on her 2006 Honda Civic hybrid. Heather Peters, who decided to go to small claims court rather than join a class action settlement, made news when she was awarded $9,867 earlier this year. But…

May 10, 2012 12:09 PM CDT

Copycat Distillers Spur Tequila Trademark Pushback

Tequila doesn’t need a worm to be authentic, but some say it does need to be made by a certified process using solely the sap of agave, a thorny succulent plant from the lily family. Demand for the golden Mexican liquor has tripled in the last 15 years, with the…

May 1, 2012 9:10 AM CDT

Coupon, You’re On: 3 Opinions Say Lawyers May Participate in Daily-Deal Websites

Ethics opinions issued recently by three state bar associations suggest that it’s OK for lawyers to jump on the deal-of-the-day coupon bandwagon. The concept is straightforward. A number of websites—Groupon is probably the best known—send subscribers emails offering discounts on various products and services, which the subscribers can purchase online.…

May 1, 2012 7:39 AM CDT

Wash. Governor Signs Bill Seeking to Stop Underage Escort Ads; Backpage.com Cites Federal Protection

Washington Gov. Christine Gregoire has signed a first-of-its-kind law that tackles child sex trafficking through regulation of advertising. The law requires websites and print publications that advertise escort services to get documentation that the escorts are at least 18, according to the Seattle Times and the New York Times. The…

Apr 2, 2012 12:09 PM CDT

A Smokin’ Body: Cancer Images Are Lighting up a First Amendment Blaze

It’s a burning controversy that continues to smolder—and use any other smoking puns you prefer—as the dispute over requiring graphic anti-cancer images on cigarette packs lights up a First Amendment fire. The battle over the constitutionality of new warnings mandated by the Food and Drug Administration to appear on cigarette…

Apr 1, 2012 8:50 AM CDT

Car Dealerships Agree to Settle FTC Complaints over Ads Promising Trade-In Payoffs

Five car dealerships in four states have agreed to pull trade-in ads to settle administrative complaints by the Federal Trade Commission. The FTC had claimed the ads deceived consumers into believing they would no longer have to pay the loan balance on their trade-ins, according to a press release. In…

Mar 16, 2012 10:30 AM CDT

2nd Circuit Nixes Confusing Disclaimer Required of NY Attorneys Advertising Specialist Certification

A New York personal injury lawyer appearing pro se has notched a victory in a battle against the state attorney grievance committee, persuading a federal appeals court that an advertising ethics rule upheld by lower court rulings is vague and unduly restrictive. J. Michael Hayes of Buffalo had repeatedly been…

Mar 5, 2012 10:26 PM CST

After F Grade, Firm Sues Better Business Bureau in Federal Court Over Rating System

A law firm given a F grade last year by the Better Business Bureau of Central Florida for a claimed pattern of unresolved client complaints is firing back. The KEL law firm has filed a federal lawsuit in Orlando against the local BBB and related defendants, contending that its business…

Feb 21, 2012 11:08 PM CST

Georgia Supreme Court Strikes Assisted-Suicide Law on Free Speech Grounds

The Georgia Supreme Court today struck down a state law that restricted advertising assisted suicides, on the basis that the regulation violates free speech rights. Suicide is not expressly forbidden in Georgia, the Associated Press reports. The law in question, adopted in 1994, makes it a felony to advertise assisted…

Feb 6, 2012 9:38 PM CST

Nixing Ford Lawyer’s Demand, Chevy Airs Super Bowl Ad re Rival Truck Done In By ‘Mayan Apocalypse’

Rejecting a cease-and-desist letter from a Ford lawyer, General Motors Co. ran a scheduled Super Bowl ad that implied a group of Chevrolet Silverado owners, unlike a friend who owned a truck built by the rival automaker, survived the 2012 ‘Mayan apocalypse.’ The ad, which GM also shared on YouTube,…

Feb 6, 2012 2:26 PM CST

Suit Claims Tostitos and SunChips Aren’t Really ‘All Natural’

A New York man claims in a lawsuit that Tostitos and SunChips aren’t made with “all-natural ingredients” as touted because some of the corn and oils come from genetically modified plants. The suit, filed in federal court for the Eastern District of New York, seeks class action status, Reuters reports.…

Jan 31, 2012 1:21 PM CST