Jennifer Yang on Marketing

FTC Finalizes Updates to Endorsement Guides, Reflecting Increased Focus on Online Reviews and Social Media Marketing

This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more

7/3/2023 / Advertising , Celebrity Endorsements , Disclosure Requirements , Endorsements , Federal Trade Commission (FTC) , FTC Act , FTC Endorsement Guidelines , Influencers , Marketing , Online Endorsements , Social Media , Unfair or Deceptive Trade Practices

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling

Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that...more

1/6/2023 / Appeals , False Advertising , Food Labeling , Marketing , Product Labels , Unfair or Deceptive Trade Practices

On Notice: Unsubstantiated or Unrepresentative Testimonials

Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more

1/12/2022 / Advertising , Endorsements , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Influencers , Marketing , Online Endorsements , Online Platforms , Regulatory Standards , Testimonial Statements , Unfair or Deceptive Trade Practices

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

12/10/2021 / Advertising , Celebrity Endorsements , Competition , Endorsements , Federal Trade Commission (FTC) , FTC Act , FTC Endorsement Guidelines , Marketing , NAD , Online Endorsements , Section 5 , Unfair or Deceptive Trade Practices

On Notice: Procedural Overview of the FTC’s Section 5 Penalty Offense Authority

As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use...more

10/29/2021 / Endorsements , Enforcement Actions , Fake Reviews , False Advertising , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Marketing , Online Reviews , Section 5 , Testimonial Statements , Unfair or Deceptive Trade Practices

Don’t Sweat It: 8th Circuit Affirms Dismissal of Deodorant Class Action

The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so,...more

6/30/2021 / Class Action , Corporate Counsel , Dismissals , Gender Discrimination , Marketing , Price Discrimination , Unfair or Deceptive Trade Practices , Unfair Pricing

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

1/29/2021 / Advertising , Beverage Manufacturers , Consumer Product Companies , Coronavirus/COVID-19 , Dietary Supplements , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Health Claims , Labeling , Marketing , NAD , NARB , Personal Care Products

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

1/28/2021 / Advertising , Beverage Manufacturers , Consumer Product Companies , Coronavirus/COVID-19 , Dietary Supplements , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Health Claims , Labeling , Marketing , NAD , NARB , Personal Care Products

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

1/13/2021 / Advertising , Appeals , Appellate Courts , Class Action , Counterfeiting , Disgorgement , False Advertising , Federal Trade Commission (FTC) , Food Labeling , Lanham Act , Marketing , Product Labels , Romag Fasteners v Fossil , Unfair or Deceptive Trade Practices

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

1/7/2021 / Advertising , Alter Ego , Distributors , Manufacturers , Marketing , Motion to Dismiss , Natural Products , Putative Class Actions , Subsidiaries , Unfair or Deceptive Trade Practices

#SocialMedia #Endorsement #Disclosures #Sponsored (notthispost): FTC Warns Social Media Influencers and Advertisers about Failure...

Recognizing the growing role of social media and influencers in marketing today, the Federal Trade Commission announced on April 19 that it sent more than 90 letters to social media influencers and marketing executives...more

5/5/2017 / Advertising , Disclosure Requirements , Endorsements , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Influencers , Marketing , Social Media

Jennifer Yang

Proskauer Rose LLP

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