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Commercial Speech

150 published works

  1. Budding Trends

    Well, That Didn’t Take Long: Congress Wants to Call Cannabis “High-Risk” Advertising

    By Whitt Steineker

    Back in May, I wrote a piece predicting that Schedule III rescheduling would flip the first prong of the Central Hudson commercial speech test for state-licensed medical marijuana operators. My…

  2. On Reserve: A Wine Law Blog

    Can Cider, Mead, and Fruit Wine Use Vintage Dates? A Lawsuit Challenges TTB’s Labeling Rules

    By Lindsey A. Zahn

    For wineries and other producers, a vintage date can communicate important information about a product’s agricultural origins. Wine consumers are accustomed to seeing a year on a bottle and understanding…

  3. Inside Consumer Protection

    California Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”

    By Kevin Poloncarz, Laura Kim, Alexandra Remick, Julia Barrero

    On July 14, 2026, U.S. District Judge William Q. Hayes granted a motion for preliminary injunction barring California Attorney General Rob Bonta and the State of California from enforcing SB…

  4. The Antitrust Attorney Blog

    The Reach of Ariix v. NutriSearch: When Rigged “Independent” Reviews Can Become Actionable Under the Lanham Act for False Advertising

    By Luke Hasskamp

    Author: Luke Hasskamp Many modern buyers are skeptical of conventional advertising, so they look for something that seems more independent. They read reviews, check star ratings, and search for the…

  5. Inside Energy & Environment

    California Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”

    By Kevin Poloncarz, Laura Kim, Alexandra Remick, Julia Barrero

    On July 14, 2026, U.S. District Judge William Q. Hayes granted a motion for preliminary injunction barring California Attorney General Rob Bonta and the State of California from enforcing SB…

  6. Inside Consumer Protection

    Industry Coalition Challenges California’s Truth in Recycling Law SB 343 on Constitutional Grounds

    By Laura Kim, Alexandra Remick, Taylor Kay

    A coalition of 21 trade associations and commodity groups has filed a complaint seeking to enjoin enforcement of portions of California’s SB 343, also known as the “Truth in Recycling” law, which…

  7. Agricultural Law and Taxation Blog

    From Pasture to Plate – Navigating the New Legal Feudalism

    By Roger McEowen

    Overview The first quarter of 2026 has been a watershed moment for agricultural and food law, signaling a shift in the tectonic plates of our constitutional order. From the mandatory…

  8. Libation Law Blog

    Can a City Take Cannabis Revenue and Still Ban Cannabis Billboards? The First Amendment Just Said No.

    By Ashley Brandt

    States and municipalities keep acting like cannabis sits in some constitutional no-man’s-land where they can write any advertising restriction they can dream up and the First Amendment somehow doesn’t count.…

  9. Drug & Device Law

    What about Plaintiff Lawyer Advertising?

    By Bexis

    As we’ve discussed earlier several times, there is a lot of lawyer advertising on television and in other media, and it can have adverse effects.  A lot of it also…

  10. Nonprofit Law Prof Blog

    Nonprofits, Abortion Pill Reversal, and Commercial Speech

    By nonprofitlawprof

    This morning, after getting one child off to school and before I had to wake the second up, I was scrolling through Bluesky and I came across this skeet from…