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
8/20/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade...more
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against Old Southern Brass for False 'Made in the USA' Claims," consumer protection attorney Anthony DiResta examines Federal Trade Commission...more
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes a Look at Blurred Advertising to Children," consumer protection attorney Anthony DiResta analyzes a new Federal Trade Commission (FTC) staff paper...more
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Announces Three Important Developments," consumer protection attorney Anthony DiResta highlights six of the final changes in the revised endorsement...more
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Cracks Down on Celebrity Endorsers," consumer protection attorney Anthony DiResta examines the recent orders for permanent injunction, monetary judgment...more
In this episode of his "Clearly Conspicuous" podcast series, "FTC's Approach to Made in the USA Claims," consumer protection attorney Anthony DiResta takes another look at issues surrounding Made in the USA claims, based on...more
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
In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Regulation of Social Advertising," consumer protection attorney Anthony DiResta breaks down 16 key highlights that Michael Ostheimer shared about...more
The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more
6/13/2023
/ Advertising ,
Business Opportunity Laws ,
Celebrity Endorsements ,
Consumer Privacy Rights ,
Endorsements ,
Enforcement Actions ,
Exploitation ,
False Statements ,
Federal Trade Commission (FTC) ,
Fraud ,
Marketing ,
Material Misstatements ,
Misrepresentation ,
Real Estate Investments ,
Settlement ,
Training ,
Unfair or Deceptive Trade Practices
In the eighth episode of his "Clearly Conspicuous" podcast series, "Navigating Social Media and Advertising Law with the FTC," consumer protection attorney Anthony DiResta discusses the regulation of social media and...more
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.
This Holland & Knight alert...more
4/19/2023
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Contests & Promotions ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Labeling ,
Made in the USA ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Policies and Procedures ,
Risk Management ,
Social Media ,
Sweepstakes ,
Testimonial Statements
In the fourth episode of his "Clearly Conspicuous" podcast series, "How to Comply with FTC's Guidance for Healthcare Companies," consumer protection attorney Anthony DiResta takes a look at the Federal Trade Commission's...more
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
1/27/2023
/ Advertising ,
Compliance ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Marketing ,
New Guidance ,
Popular ,
Product Labels ,
Supply Chain ,
Unfair or Deceptive Trade Practices
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more
6/16/2022
/ Advertising ,
Brand ,
Civil Liability ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Liability ,
Marketing ,
Online Endorsements ,
Proposed Amendments ,
Social Media ,
Testimonial Statements
Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more
10/29/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Endorsements ,
Enforcement Guidance ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
New Guidance ,
Notice of Violation ,
Online Advertisements ,
Online Reviews ,
Social Media ,
Social Media Policy ,
Statutory Authority ,
Testimonial Statements
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021. Ostheimer has been with the FTC for three decades, currently serving as a...more
2/24/2021
/ Advertising ,
Advertising to Minors ,
Biden Administration ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Personal Information ,
Risk Management ,
Social Media ,
Standard of Review ,
Technology Sector ,
User-Generated Content
The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more
11/4/2019
/ Advertising ,
Disclosure Requirements ,
Enforcement ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
Influencers ,
Instagram ,
Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Standards ,
Social Media ,
Social Media Policy ,
Social Networks ,
Twitter ,
YouTube
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more
9/29/2016
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Ethical Standards ,
Federal Trade Commission (FTC) ,
Instagram ,
Internet Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Popular ,
Regulatory Standards ,
Social Media ,
Social Networks ,
Twitter ,
Unfair or Deceptive Trade Practices