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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
BakerHostetler

NAD Conference Recap: Who’s Your Sponsor?

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The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Mintz - Antitrust Viewpoints

FTC Cracks Down on AI-Generated Fake Reviews – AI: The Washington Report

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On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials. The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

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Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

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Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

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Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

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NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's February 2024 Round-up

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The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Hendershot Cowart P.C.

FTC Targeting Dietitians, Social Media Influencers Over Insufficient Disclosures

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The Federal Trade Commission (FTC) has been cracking down on social media influencers and dietitian creators related to endorsements and disclosures. It began last November, when the FTC sent warning letters to a dozen...more

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

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In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more

Knobbe Martens

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

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Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

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FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

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Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

Moritt Hock & Hamroff LLP

Avoid The FTC’s Naughty List This Holiday Season: Recent Warning Letters Serve As Good Reminder On Conducting Influencer Campaigns...

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With the holiday shopping season well under way, many companies have ramped up their influencer marketing campaigns. Want to avoid the Federal Trade Commission’s naughty list? Recent warning letters sent by the FTC to two...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 4, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Fox Rothschild LLP

FTC Cautions Trade Groups, Influencers About Paid Social Media Promotions

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The Federal Trade Commission (“FTC”) is cracking down on trade associations and paid influencers regarding the adequate disclosure of paid promotions. Recently, the FTC sent warning letters to two trade groups and twelve...more

Locke Lord LLP

FTC Takes Action Against Social ‎Media Posts for Failure to Disclose Material ‎Connections

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On November 15, 2023, the FTC announced that it had issued fourteen Warning Letters ‎to the two trade associations, the American Beverage Association (AmeriBev) and the Canadian ‎Sugar Institute (“the Associations”), as well...more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

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Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

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While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

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Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

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In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

Holland & Knight LLP

Podcast - The FTC's Focus on Social Media Advertising Policies

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade...more

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