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Advertising Law Blog

TopAdvertising Law Blog.com provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by The Lustigman Firm, a law firm focused on finding creative legal solutions to its client's advertising challenges and compliance matters. The practice is geared to servicing the needs of the advertising, promotional marketing, and direct marketing industries with a commitment to providing personal, efficient and effective legal service.

Pharmaceutical Company Manager Sentenced for Off-label Marketing
Posted by: Sheldon Lustigman
July 01, 2009
Topic: Marketing and Advertising Law

A Branchburg, New Jersey woman who was employed as Regional manager of a Pharmaceutical company was sentenced upon criminal conviction for having instructed sales reps to market a drug product for conditions for which it had not been approved. The drug, Bextra, was a Cox-II inhibitor which had been approved for symptoms of osteoarthritis, and rheumatoid arthritis but which had not been approved for acute pain in general, including the pain of surgery. The FDA had told the company that it could not approve the product for these other conditions without further tests and studies to assure safety and efficacy.

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New Federal Law Regulates Gift Certificates and Gift Cards
Posted by: Sheldon Lustigman
July 01, 2009
Topic: Marketing and Advertising Law

On May 25, 2009, President Obama signed the Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009. The Act amends the Truth in Lending Act and imposes a number of new requirements on gift certificates, store gift cards, and general use prepaid cards by putting limits on expiration dates and fees that can be imposed, and setting forth new disclosure requirements. The new law will become effective on August 22, 2010.

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Settlement with Verizon Wireless Establishes Standards for Advertising on Websites
Posted by: Adam Solomon
June 30, 2009
Topic: Marketing and Advertising Law

On June 24, 2009, Florida's Attorney General announced a $1.5 million dollar settlement with Verizon Wireless and Alltel over "free" ringtone offers. The settlement, the latest in a continuing series of enforcement action in the mobile space by the Florida Attorney General's office, is very important to mobile marketers because it require the implementation of a series of detailed "best practices" standards that impose significant compliance obligations on those involved in marketing mobile content.

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Lustigman Named Industry Leader and Notable Practitioner By Chambers
Posted by: PRWEB
June 23, 2009
Topic: Lustigman Firm News

Andrew Lustigman, member of The Lustigman Firm, P.C., has been named an industry leader and notable practitioner in his primary practice area for the second consecutive year. The ranking appears in the internationally recognized Chambers USA Guide: America's Leading Business Lawyers 2009, a legal directory of U.S. lawyers and law firms published by London-based Chambers & Partners.

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FTC Announces Actions Against Kmart, Tender and Dyna-E Alleging Deceptive 'Biodegradable' Claims
Posted by: Adam Solomon
June 18, 2009
Topic: Marketing and Advertising Law

On June 9, 2009 the FTC charged Kmart Corp., Tender Corp., and Dyna-E International with making false and unsubstantiated claims that their paper products were "biodegradable." Kmart and Tender have agreed to settle the cases against them; the case against Dyna-E will be litigated. With the recent growth in "green" advertising and product lines, the FTC stated it will continue its efforts to ensure that environmental marketing is truthful, substantiated, and not confusing to consumers.

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The views, opinions, statements, analysis and information contained in these materials are those of the individual authors and do not necessarily reflect the views of The Lustigman Firm, P.C. or any of its past, present and future clients.  These materials (1) do not constitute legal advice; (2) do not form the basis for the creation of the attorney/client relationship; and (3) should not be relied upon without seeking specific legal advice with respect to the particular facts and current state of the law applicable to any situation requiring legal advice.  These materials may only be reproduced with the prior written consent of The Lustigman Firm, P.C.  These materials are provided with the understanding that the authors and The Lustigman Firm, P.C. are not rendering legal, accounting, or other professional advice or opinions on specific facts or matters, and, accordingly, such entities assume no liability whatsoever in connection with their use.

        

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