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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

BakerHostetler

NAD Conference Recap: Who’s Your Sponsor?

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The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

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NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Manatt, Phelps & Phillips, LLP

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

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This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

Davis Wright Tremaine LLP

A Dream Is a Wish Your Heart Makes: Aspirational Claims in Advertising Can Be Misleading, Too

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The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more

Davis Wright Tremaine LLP

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

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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

BakerHostetler

Takeaways from a Panel with the FTC and NAD

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In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more

Davis Wright Tremaine LLP

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

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Suit Alleging Madison Reed Hair Color Claims Are Deceptive Will Live to "Dye" Another Day - Allegations that Madison Reed misrepresented the safety and quality of its at-home hair dying products survived a motion to...more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

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Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

BakerHostetler

AD-ttorneys@law - December 2021 #2

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China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more

American Conference Institute (ACI)

[Virtual Event] Food Law – Regulation, Compliance and Litigation - May 12th - 13th, 8:15 am - 3:45 pm CDT

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The food industry’s most comprehensive legal and regulatory conference, Food Law – Regulation, Compliance and Litigation, is returning this spring in a unique, interactive virtual format. Key stakeholders will discuss how to...more

BakerHostetler

AD-ttorneys@law – November 2020 #3

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FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more

Manatt, Phelps & Phillips, LLP

NAD Brings New Kind of Dance ‘Challenge’: TikTok Video-Sharing Tools May Create Liability for Brands

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While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) case sheds some light on best practices when engaging influencers to create...more

Kelley Drye & Warren LLP

NAD Addresses Disclosures on Influencer TikTok Videos

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In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In...more

Manatt, Phelps & Phillips, LLP

NAD Conducts Inquiry Into Implied COVID-19 Messages

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In addition to the Federal Trade Commission, the National Advertising Division (NAD) has also been active with cases regarding COVID-19 claims. In the latest case, the NAD announced that Nomolotus, LLC, d/b/a Truvani,...more

BakerHostetler

AD-ttorneys@law

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IMC Releases Best Practices for Fraudspotting - Dig into the numbers, says industry watchdog - All-Star Game - Look, the Influencer Marketing Council sounds cooler than it actually is....more

Sheppard Mullin Richter & Hampton LLP

Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads

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Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

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The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Foley Hoag LLP - Making Your Mark

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

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I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

Manatt, Phelps & Phillips, LLP

Advertising Law - June 2017 #5

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Full Disclosure: Instagram to Help Influencers With Compliance - On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #3

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NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

Foley Hoag LLP - Making Your Mark

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

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Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2016

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NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more

Manatt, Phelps & Phillips, LLP

Manatt Digital - July 2016

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A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #2

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"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more

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