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Thoughts on Working with B2B Influencer

There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more

Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data...more

SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)

Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize...more

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more

When Your ‘Looks’ Are Late: FTC Settles With Online Fashion Retailer Over Alleged Mail Order Rule Violations

Online retailers are well aware of how the promise of quick delivery can influence consumer purchasing decisions. Especially in times like these, when delivery times have slowed for many companies, marketers might be even...more

COVID-19 Update: FTC and States Combat Scams, Price Gouging and Deceptive Ads

We recently blogged about regulatory warning letters and a consumer class action stemming from consumer-facing advertising related to the coronavirus. Today, we write to provide updates on state and federal efforts to protect...more

COVID-19 Update: Consumer Class Action Filed Over Hand Sanitizer Claims

Yesterday, we blogged about the FTC and FDA’s joint warning letters to seven companies that claimed their products could treat or cure coronavirus. However, the regulators aren’t the only ones taking action over deceptive...more

Regulators Issue Warning: These Products Cannot Treat Coronavirus

Last week at our #BakerDigitalForum2020 (BakerHostetler’s forum on advertising, e-commerce, data privacy & security law) we heard from Richard Cleland, Assistant Director, Advertising Practices, for the Federal Trade...more

FTC on Influencers and Consumer Reviews from the NAD Conference

Earlier this week at the National Advertising Division (NAD) annual advertising law conference, Mamie Kresses, a senior attorney in the Bureau of Consumer Protection, Advertising Practices division at the Federal Trade...more

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