News & Analysis as of

Commercial Speech Advertising

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

On June 14, 2017, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Retail Digital Network LLC v. Ramona Prieto, Case No. 13-56069, D.C. No 2:11-cv-09065-CBM-PJW. The decision rejects a...more

Attorneys Cannot Sue Avvo for Unauthorized Profiles According to Illinois Federal Court

An Illinois federal judge dismissed a proposed class action of lawyers whose business information was published by the online attorney database Avvo without their permission. The lead plaintiff, a Chicago-based personal...more

Advertising Law - March 2016 #2

SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads - Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more

Ninth Circuit Opens the Door to Relaxing Decades-Old Law Restricting Supplier-Paid Advertising in Retail Establishments

In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...more

Ninth Circuit Opinion Calls into Question Constitutionality of California Tied-House Laws

by McDermott Will & Emery on

On January 7, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Retail Digital Network, LLC v. Appelsmith, overruling longstanding Ninth Circuit precedent concerning the legality of certain...more

The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine

by Kelley Drye & Warren LLP on

On Tuesday, the FTC joined the Department of Justice and several other federal agencies in announcing numerous recent and ongoing actions against dietary supplement marketers. The FTC, in its discussions, highlighted a case...more

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more

Do Not Mess With Michael Jordan And His Right Of Publicity

by Kelley Drye & Warren LLP on

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

by Jackson Walker on

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s...more

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

by Wilson Elser on

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

by Foley Hoag LLP on

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

by Holland & Knight LLP on

In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

by BakerHostetler on

—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment - If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

by BakerHostetler on

—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

by BakerHostetler on

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

Advertising Law -- Jan 24, 2014

SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings - Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more

Spirit Airlines v. U.S. Dep’t of Transportation

Brief Of Amici Curiae CATO Institute And The National Federation Of Independent Business Small Business Legal Center In Support...

by Cato Institute on

It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new...more

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