What new false advertising issues have evolved with the conversion of society into a digital world?
Weinstein: The conversion of our society into a digital world has brought monumental change to how companies advertise, but not to the law of false advertising. Although there are certain things that have changed slightly, false advertising is still false advertising. There are certainly differences between how advertising works on the internet and how it works in traditional media, but overall the law has stayed largely the same. Editor: Larry, you spoke before about consumer class actions. Are these common in the context of false advertising litigation? Are these Lanham Act cases or something else? Weinstein: They are not Lanham Act cases, but rather are brought under state common and statutory law. They have become increasingly common in recent years, and they present very significant risks to advertisers. The bottom line is that any inside or outside counsel charged with reviewing and approving a company’s proposed advertising should take the possibility of a consumer class action
