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Celebrity Endorsements False Advertising

BakerHostetler

Don’t Skim(p) on Disclosures

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And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more

Kilpatrick

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

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Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

Kelley Drye & Warren LLP

Lawsuit Turns the Heat up on Celsius Influencer Campaign

Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more

Venable LLP

Bet the Company: Are Sports Gambling Class Actions the Next Tobacco?

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In 2018, the Supreme Court struck down a decades-long federal ban on sports betting in Murphy v. Nat'l Collegiate Athletic Assoc. Prior to Murphy, anyone seeking to place a bet on a sporting event generally had to live in or...more

Dorsey & Whitney LLP

Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures

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For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll...more

Kelley Drye & Warren LLP

NAD Reviews More Influencer Posts

As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a...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

Venable LLP

FTC Fines Car Companies $10 Million Calling Out Influencers and Endorsers

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This summer the Federal Trade Commission (FTC) has turned up the heat on two companies that provide extended car repair coverage, CarShield and American Auto Shields, for deceptive and misleading advertising and telemarketing...more

Katten Muchin Rosenman LLP

Let Them Eat Cake: Italy's Antitrust and Advertising Authorities Crack Down on Influencers - Kattison Avenue/Katten Kattwalk |...

Pandoro, a traditionally star-shaped sweet bread dusted with powdered sugar, is a favorite holiday treat in Italy, rivaled only by panettone, a domed Milanese cake with candied orange, lemon and raisins. According to newswire...more

Hendershot Cowart P.C.

FTC Updates Guidelines for Social Media Endorsements

Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more

Snell & Wilmer

Truth or Consequences: FTC Revised Endorsement Guides & Class Action Risk

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By Douglas A. Thompson and Sarah Richards1 Testimonials and endorsements, especially those by high-profile celebrities, sports figures, and influencers, can shine a significant spotlight on a company’s products and services....more

Lippes Mathias LLP

NY Attorney General Relies on General Business Law, False Advertising Rules as Formidable Weapons in its Legal Arsenal

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The New York State Attorney General has increasingly turned to one of the most powerful legal options in its arsenal to extract significant financial penalties from companies doing business in New York. In New York,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023

The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more

BakerHostetler

AD-ttorneys@law - February 2023

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Game Developer Dodges Loot Box Suit - In-app epi-games are not the same as slot machines, court says. Again with the Noises and Bright Lights - It’s been a while since we reported on defendant Supercell’s...more

Spilman Thomas & Battle, PLLC

Is that ‘Possible Misconduct’ in Cryptocurrency Advertising? FTC Investigates

There is more news of recent investigations and charges involving people in the cryptocurrency world. The FTX cryptocurrency exchange recently collapsed. Its CEO, Sam Bankman-Fried, has been arrested in the Bahamas and...more

Dorsey & Whitney LLP

Forever 21 and Ariana Grande “Face-Off” Over Lookalike Images

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Ariana Grande, identified in a recent complaint filed in federal court as an “internationally renowned singer, songwriter and actress,” is challenging struggling retailer Forever 21’s use of images that allegedly mimic Ms....more

BCLP

Don’t Get TARRed: FTC Continues to Scrutinize Misleading Marketing and Sales Methods

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The Federal Trade Commission has taken Tarr, Inc. and 18 other entities to task for fake news, unsubstantiated advertising claims, and fake celebrity endorsements. A stipulated order for permanent injunction and monetary...more

Sheppard Mullin Richter & Hampton LLP

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue

Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media,...more

Knobbe Martens

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

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Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Foley Hoag LLP - Trademark, Copyright &...

Dispatch from NYC: Annual National Advertising Division (NAD) Conference is in Full Swing

The National Advertising Division is holding its annual conference this week in New York, and Foley Hoag is in attendance for what many consider to be the leading conference of its kind. Day One saw an impressive line-up of...more

Foley Hoag LLP - Trademark, Copyright &...

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive...

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the...more

Proskauer Rose LLP

Three Point Shot - April 2013

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The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

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