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BakerHostetler

Steering into Dark Patterns

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Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more

Epstein Becker & Green

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

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

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Manatt, Phelps & Phillips, LLP

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

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

Katten Muchin Rosenman LLP

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

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Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

Arnall Golden Gregory LLP

AGG Food & Drug Newsletter - March 2021

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

BakerHostetler

AD-ttorneys@law: Consumer Reviews: Paid? Fake? Negative?

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Let’s be honest. Customer reviews and testimonials influence buying decisions -- an online review can make or break the path to purchase. Amy Ralph Mudge is her authentic self as she outlines the legal framework and counts...more

Hogan Lovells

Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

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A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more

Robins Kaplan LLP

The Cure: Social Media Influencers and Healthcare

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Social media influencers have become the latest source of health information for many. This is especially true right now, amidst the ongoing and rapidly evolving COVID-19 pandemic....more

Hogan Lovells

FTC Seeks Public Comment on Endorsement Guides; Comment Period Extended

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On social media and other digital advertising platforms, proper disclosure of material interests between an endorser and the product manufacturer is critical to inform consumers and avoid alleged deceptive advertising...more

Ballard Spahr LLP

FDA and FTC to Study Impact of Social Media Influencers

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The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more

Manatt, Phelps & Phillips, LLP

Is #ad Going Away? – The FTC’s Endorsement Guidelines to Be Examined

The Federal Trade Commission (FTC) recently announced it is seeking public comment on whether to make changes to its Endorsement Guides as part of its systematic review of all current FTC rules and guides. The Endorsement...more

Seyfarth Shaw LLP

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

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The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

Pierce Atwood LLP

Attention Brands and Social Media Influencers - Recent FTC Guidance for Avoiding FTC Act Liability

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The Federal Trade Commission (“FTC”) recently released a new guide entitled “Disclosures 101 for Social Media Influencers” and a related video. The Disclosures 101 Guide describes in plain, easy-to-read language the...more

Hogan Lovells

Influencer Snapshot: Getting a handle on social media influencers

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Consumer-facing companies are increasingly utilizing social media influencers to get their advertising to targeted audiences and to learn how their products are working for real people. This innovative form of advertising is...more

Seyfarth Shaw LLP

Influencer Disclosure Update 101, Courtesy of the FTC

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Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media. ...more

Hogan Lovells

Hey influencers! The FTC is talking to you - new guidance from the FTC

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The Federal Trade Commission (FTC) released new guidance regarding influencer marketing. The FTC breaks down the basics of advertising disclosures for social media influencers through a series of do’s and don’t’s as to how,...more

Proskauer - Advertising Law

NAD Not Influenced by Verification Platform’s Claims

In a recent decision, the advertising industry self-regulatory body NAD recommended that influencer marketing firm Ahalogy tone down some of its claims about the capabilities of its new product, the Tri-Verified influencer...more

Robins Kaplan LLP

#Sponsored: Fyre, Floyd, Flat Tummy Tea, and Fraud

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Bombay Hair tools, Daniel Wellington watches, FabFitFun boxes, HelloFresh meal kits, SugarBearHair vitamins, and more. Spend any time on Instagram and chances are you will encounter influencers promoting these products,...more

Hogan Lovells

Germany: Influencers, distinctiveness and reputation. A translation round-up

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The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. ...more

Hogan Lovells

#unfaircompetition – limitations to influencer marketing under German law

Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

Ballard Spahr LLP

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

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Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

Sheppard Mullin Richter & Hampton LLP

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

Sheppard Mullin Richter & Hampton LLP

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...more

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