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Endorsements

Kilpatrick

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

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The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

International Lawyers Network

The Rise of Class Actions in Influencer Marketing: What Brands Need to Know To Protect Themselves 

Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements....more

Foster Garvey PC

Draft Dollars, Digital Nostalgia & Data-Driven Judges

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Welcome back to the Spotlight! I write this week with a heavy heart, as I was not selected by a team in the NBA Draft for the 37th straight year. To the naysayers out there who would try to tear me down by pointing out that...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

Foster Garvey PC

The Business of Summer: Shaq Settles, Lakers Flip & Joey’s Redemption Trip

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Welcome back to the Spotlight! Allow me to be among the first to welcome you to the official start of Summer and to ask that you turn up your air conditioning. Like clockwork, the temperatures outside are running up toward...more

Coblentz Patch Duffy & Bass

Beyond the FTC: Consumer Class Actions Are Redefining Influencer Marketing Risk

The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape...more

Foster Garvey PC

Power Plays and Paydays: NCAA, Post Malone & the New Sports Economy

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Welcome back to the Spotlight! For time immemorial (since 1906, to be exact), the National Collegiate Athletic Association’s (NCAA) so-called amateurism rules sought to enforce a bright-line distinction between college sports...more

Kilpatrick

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

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A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

BakerHostetler

Just What the Doctor Ordered: NAD Clarifies When a Doctor Endorsement Is a Puff vs. a Claim

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We love endorsement cases, and we love puffery cases. NAD recently gave us two in one, looking at a claim for TheraBreath mouthwash made by the brand’s founder, Dr. Harold Katz: “It’s a better mouthwash....more

Eversheds Sutherland (US) LLP

Film Room: House approved; College Sports Commission goes live

In today’s special edition of Film Room, we note immediate action items and flag the critical open issues to track in order to stay ahead during the busiest summer in recent memory. House settlement approved - On...more

Foster Garvey PC

Money, Media & Mom’s Spaghetti: A Week of Big Bets and Bigger Brands

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Welcome back to the Spotlight! Although men’s basketball in New York City is on hiatus with the Knicks falling short of an NBA Finals appearance (I don’t want to talk about it), women’s basketball is picking up the slack,...more

Venable LLP

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more

BakerHostetler

NAD Provides More Guidance on Obligations with Influencers Who Are Gifted Free Product

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The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more

Kelley Drye & Warren LLP

Two New Lawsuits Target Influencer Campaigns

Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more

Foster Garvey PC

Soap Stars, Billion-Dollar Skincare & Betting Aces: May Closes with a Splash

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Welcome back to the Spotlight! Given the volume of rain across the country recently, I may have to temporarily change the title to “Floodlight.” Yikes. I’d say these late nights watching the NBA Playoffs have made me a little...more

Foster Garvey PC

Endorsement Ink, Entertainment Reboots & Postseason Heartbreaks

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Welcome back to the Spotlight! In the past 7 months, I have borne witness to monumental postseason collapses by two of my favorite professional sports teams: my beloved hometown New York Yankees and New York Knicks. Last...more

Fenwick & West LLP

Are You Monitoring Your Influencers? Huda Beauty's NAD Case Is a Reminder

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The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more

Eversheds Sutherland (US) LLP

Film Room: NIL clearinghouse detail

In this week’s Film Room, we break down newly reported detail on third-party NIL clearinghouse procedures. Actionable Information Regarding Clearinghouse - Last week, Ross Dellenger of Yahoo! Sports reported on a memo...more

Troutman Pepper Locke

“NIL Go”: Deloitte Establishes Basic Framework to Review Third-Party NIL Deals

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A three-page memo distributed to schools provides further clarity regarding Deloitte’s role as the approved clearinghouse for name, image, and likeness (NIL) deals, as outlined in the House settlement and guidance documents....more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Kelley Drye & Warren LLP

NAD Holds Puffery Analysis Depends on Material Connection Disclosure

Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: ​“It’s a better mouthwash. I...more

Foster Garvey PC

Comebacks, Courts & Collabs: A Wild Week in Sports & Entertainment

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Welcome back to the Spotlight! While I appreciate your valiant efforts in coming back to this space, that comeback pales in comparison to the two comebacks the underdog New York Knicks have had against the defending NBA...more

Foster Garvey PC

Family Dynamics and Strategic Moves Define a Turbulent Spring in Sports

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Welcome back to the Spotlight! Based on the layers of pollen caked on my car and nary an unstuffed nose to be found, I would venture to guess that allergists are doing well for themselves this Spring. After the past week in...more

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