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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

King & Spalding

FDA Issues Updated Draft Guidance on Addressing Misinformation About Medical Devices and Prescription Drugs

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On July 8, 2024, the U.S. Food and Drug Administration (“FDA”) issued a new draft guidance for industry titled, Addressing Misinformation About Medical Devices and Prescription Drugs – Questions and Answers (hereafter,...more

Hudson Cook, LLP

FTC and Online Used Car Dealer Agree to Settle Alleged Unfair and Deceptive Advertising and Business Practices Claims

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On July 2, 2024, the FTC filed a joint motion for entry of the FTC and the Company's stipulated order for permanent injunction, monetary judgment, and other relief to resolve allegations of misleading consumers who purchased...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...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

BakerHostetler

Supporting “We’re Number One” - NAD Clarifies the Rules for Number One Claims

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Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2023

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Davis Wright Tremaine LLP

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

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

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

Davis Wright Tremaine LLP

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

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

BakerHostetler

AD-ttorneys@law - June 2023

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Anti-Junk-Fee Bandwagon Is Getting Crowded - Following a presidential call, Congress and the Golden State are looking to tame hidden charges - Return to Mayberry - We mentioned President Biden’s attack on junk...more

Dorsey & Whitney LLP

The FTC’s New Year’s Resolution for 2023: Healthier Health Claims

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Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on...more

Greenberg Glusker LLP

[Webinar] Greenwashing and its Dirty Consequences - January 24th, 10:00 am - 11:00 am PST

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This panel will review the regulatory framework, business risks, and litigation risks associated with green marketing, “greenwashing,” and false and misleading advertising. We will also discuss the basics of the...more

Eversheds Sutherland (US) LLP

Mitigating risks of greenwashing litigation

​​​​​​​On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Sheppard Mullin Richter & Hampton LLP

FTC Order: Auto Marketing Company and Owner Banned From Industry for Misleading Consumers

On January 28, the FTC announced that it banned an automotive marketing company and its owner from the auto industry for the next twenty years for allegedly engaging in unfair and deceptive practices in violation of the FTC...more

BakerHostetler

All Eyes on Us - the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

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Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more

Proskauer - Advertising Law

Single Communication-Based False Advertising Claim Permitted to Proceed

recent decision out of the District of Massachusetts serves as a reminder that a court may consider even a single communication by an advertiser made directly to a consumer to be advertising under the Lanham Act,...more

Smart & Biggar

#InfluencerMarketing: What advertisers need to know about disclosure

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It has been said that Instagram, YouTube and blogging represent the height of creative self-expression on the Internet. However, if a brand has sponsored an individual’s content, then the claim to self-expression has its...more

Foley Hoag LLP - Making Your Mark

The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!

This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...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

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Nossaman LLP

The FTC's Crackdown on Social Media #Ads

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In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

Akerman LLP

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Its Formatting

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Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

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