News & Analysis as of

Advertising Federal Trade Commission

Study highlights prevalence of counterfeit and fraudulent goods online

by Thompson Coburn LLP on

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story,...more

FTC Warns 11 Companies Over Made in USA Claims

by Reed Smith on

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With...more

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

Consumer Groups Push for More Regulation of Influencers

by Kelley Drye & Warren LLP on

In November, we posted that four consumer groups had sent letters to FTC, encouraging the agency to investigate and bring enforcement actions regarding the use of influencers on Instagram. In April, the FTC responded by...more

#Clear and #Conspicuous Paid Partnerships: Instagram Lends Helpful Technology Hand

It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more

Advertising Law - June 2017 #5

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

Augmented and virtual reality - emerging legal implications of "The Final Platform"

by Reed Smith on

In August 2015, Time Magazine declared that Virtual Realty (“VR”) was about to change the world. A year earlier, Facebook bought Oculus VR for $2.3 billion signalling the impact of what Oculus founder Palmer Luckey referred...more

Advertising Law - June 2017 #3

FTC Jumps on Trampoline Marketing - The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order. Son “Sonny” Le and his brother Bao “Bobby” Le...more

FTC Settles Claims Against Trampoline Companies Over Online Reviews

by Reed Smith on

The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of...more

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

#Sponsored – FTC Warns Social Media Influencers to Clearly Disclose Material Connections

Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more

MarkIt to Market® | May 2017

The May 2017 issue of Sterne Kessler's MarkIt to Market® discusses social media influencers' disclosure of material connections, business transfer clauses, and lists the new gTLD Sunrise periods. Please see full Newsletter...more

Endorsement Disclosures on the Front Burner Again at the FTC

by Dorsey & Whitney LLP on

Last week, the FTC announced a Complaint and proposed settlement with two trampoline sellers, brothers Sonny and Bobby Le. The Les sold Infinity and Olympus Pro brand trampolines through three websites that touted...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

Advertising Law - June 2017

Recipients of FTC Influencer Letters Revealed - The Federal Trade Commission took on some big-name celebrities and companies when it sent warning letters to influencers and marketers about the need to comply with the...more

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more

Lessons from the World of Trampoline Marketing

by Kelley Drye & Warren LLP on

Last year, we wrote about an NAD case involving trampoline marketing. The Trampoline Safety website featured reviews designed to help buyers purchase a trampoline. But unless website visitors looked closely at a disclosure at...more

FTC Sends Warning to Brands and Social Media Influencers

by Perkins Coie on

The Federal Trade Commission (FTC) recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media...more

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in...more

FTC Obtains Preliminary Injunction Halting Alleged Debt Relief Scam

by Fox Rothschild LLP on

On May 15, 2017, the FTC filed a Complaint in Federal Court against Strategic Student Solutions and a number of related companies that claim to provide debt relief services. According to the Complaint, rather than providing...more

Advertising Law - May 2017 #3

FTC Emphasizes Disclosures in Letters to Influencers, Marketers - Influencers and marketers must clearly disclose their relationships, the Federal Trade Commission reiterated in more than 90 letters sent by the agency...more

Banging the Disclosure Drum: The Once Blurry Line between Advertiser and Influencer Continues to Come into Focus

As we have written about time and time again, and as celebrities and influencers gain more and more followers on social media platforms such as Instagram, Snapchat and Twitter, they must exercise care when endorsing the use...more

Bill Potentially Impacting “Made in USA” Claims Undergoing Committee Review

by Kelley Drye & Warren LLP on

The U.S. Senate Committee on Commerce, Science, and Transportation has scheduled a reading this week of the proposed S. 118 Reinforcing American-Made Products Act of 2017. The bill proposes to amend the Violent Crime Control...more

Updates Regarding the FTC Guidelines for Promoting Products on Social Media

by Buchalter on

In July of 2015, I wrote about the New FTC Guidelines for Promoting Products on Social Media. I discussed the FTC’s rationale, concerns and stance on using social media to advertise and promote products. At the time, when the...more

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