The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
On June 29, 2023, the Federal Trade Commission (FTC) announced its much anticipated and long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides, which...more
In today’s digital age, social media has become an integral part of business marketing, customer service, and reputation management strategies. Establishing an authentic online presence is crucial, and one way to enhance...more
Social media makes up a significant portion of today’s marketing activity, with paid social media advertising representing a large chunk of marketing budgets. In fact, in 2022, ad spending on social media reached over $173...more
Instagram is one of the leading social media platforms across the globe, however, due to its emphasis on consumer marketing and its young audience, many legal marketers are hesitant to dedicate time to the platform. If...more
Awards announcements seem to saturate attorney marketing. Although publicizing an award can be a great opportunity to advertise yourself and your firm, it should be done with care and purpose. Keep reading for five things to...more
Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more
Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more
This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more
Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such...more
Influencer, die von Unternehmen kostenlos Waren bzw. Dienstleistungen erhalten und diese anschließend auf ihrem Social-Media-Kanal verlinken, beispielsweise durch das Setzen eines „Tap Tags“, haben die Beiträge grundsätzlich...more
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
With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform. As most Americans were stuck at home during...more
In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more
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
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
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
As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more
In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement...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
Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement....more
Recently, the Federal Trade Commission (“FTC”) and the U.S. Food & Drug Administration (“FDA”) issued joint warning letters to four sellers of e-liquids, the nicotine “juice” used in vaping regarding their use of social media...more
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
The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap....more