Social Media, Unfair or Deceptive Trade Practices, Advertising

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

Epstein Becker & Green on 8/29/2024

On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

FTC Issues Final Rule Banning Fake Reviews and Testimonials

Manatt, Phelps & Phillips, LLP on 8/21/2024

The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

Holland & Knight LLP on 8/20/2024

The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more

The FTC's New Teeth to Bite Bogus Consumer Review Blurbs

Hudson Cook, LLP on 8/16/2024

The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more

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

Venable LLP on 8/6/2024

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

Proposed New York Restrictions on Food and Beverage Advertising Threaten to Open Litigation Floodgates

Kelley Drye & Warren LLP on 3/25/2024

On March 12, the New York State Senate voted to include food and beverage advertising restrictions in its proposed budget, NY S8308-B. These restrictions were originally introduced as NY S213-B, which characterizes...more

Virtual Influencers 2.0: Real Lessons Learned in 2024

BakerHostetler on 1/31/2024

Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

Knobbe Martens on 12/22/2023

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Mintz - Antitrust Viewpoints on 11/20/2023

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on 10/5/2023

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/29/2023

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

MarkIt to Market® - September 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/29/2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Podcast - The FTC's Focus on Social Media Advertising Policies

Holland & Knight LLP on 9/6/2023

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade...more

FTC Revamps the “Guides Concerning the Use of Endorsements and Testimonials in Advertising”

King & Spalding on 8/11/2023

The U.S. Federal Trade Commission (“FTC” or “the Commission”) maintains Guides Concerning Use of Endorsements and Testimonials in Advertising to “set forth the general principles that the Commission will use in evaluating...more

Influencers, Brand Ambassadors and Marketers Take Note – FTC Has Finalized Updates to Its Endorsement Guides

Epstein Becker & Green on 8/8/2023

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

The FTC Finalizes Changes to Endorsement Guides

Epstein Becker & Green on 8/8/2023

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 2 of 2

Manatt, Phelps & Phillips, LLP on 8/2/2023

The Federal Trade Commission (FTC or Commission) issued the much anticipated final revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) just before the July 4th...more

FTC Updates Endorsement Guides and Strengthens Policies Against Fake and Manipulated Reviews

Lerman Senter PLLC on 7/25/2023

The Federal Trade Commission has issued its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). Last updated in 2009, the significantly revised Endorsement Guides focus on...more

An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 1 of 2

Manatt, Phelps & Phillips, LLP on 7/18/2023

The Federal Trade Commission (FTC or Commission) finalized its updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) and published the revised version on June 29,...more

FTC’s Revised Endorsement Guides Upend Gender Stereotypes

Manatt, Phelps & Phillips, LLP on 7/18/2023

Less than two weeks ago, the Federal Trade Commission (FTC or Commission) issued its long-awaited update to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). Much ink has already been...more

Endorsement Enforcement: FTC Updates Endorsement Guides and Proposes Rule that Would Impose Penalties Up to $50k Per Violation

Benesch on 7/12/2023

When it comes to regulating endorsements, testimonials, and reviews, the FTC has made clear—many times over—that it does not intend to take its foot off the gas anytime soon. In the most recent, and significant, reminder of...more

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