News & Analysis as of

Celebrity Endorsements

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

The FTC Gets Specific on Influencer Material Connection Disclosures

by Dorsey & Whitney LLP on

A few weeks ago we blogged about the FTC’s warning letter writing campaign to brands and influencers about disclosure of material connections on Instagram. At that time, the FTC had only released sample letters – one for one...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

Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

by Hogan Lovells on

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below...more

Federal Trade Commission Reminder about Advertising Disclosures

by McDermott Will & Emery on

In mid-April, the Federal Trade Commission (FTC) sent out 90 letters to advertisers, celebrity endorsers and influencers who use their fame and the power of digital advertising to help promote products. The facts in each...more

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety...more

Dear Influencers: #FullDisclosure we use Instagram too. Love, The FTC – Warning letters provide guidance to influencers,...

by Dorsey & Whitney LLP on

Instagram is now home to more than 600 million users, including many popular brands, celebrities, online influencers, famous dogs, regular people and regular dogs (full disclosure this regular dog is mine). As its popularity...more

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue

Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media,...more

Advertising Law - April 2017

Upromise's Broken Promise to FTC Costs $500,000 - For going back on its promise to abide by the terms of a Federal Trade Commission order, Upromise will pay a $500,000 civil penalty to the agency. The membership...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

McNees 2016 In Review – Advertising Law

Advertising and marketing laws affect all businesses that expose consumers to their goods and services. In 2016, highlights of advertising and marketing law issues included disclosures and celebrity endorsements, “Made in...more

Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract, Ontario Court Rules

Brand owners have engaged celebrity endorsers to sell products for decades, but not all of them make it through a celebrity endorsement unscathed. O.J. Simpson, Chris Brown, Tiger Woods and Ryan Lochte are among the celebrity...more

Advertising Law - November 2016

Ken Bone: Breakout Star, Violator of FTC Guides? - One thing folks on both sides of the political aisle can agree upon is that Ken Bone left the second presidential debate as a breakout star. But he may have tripped up...more

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

by Goulston & Storrs PC on

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

by Holland & Knight LLP on

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

Murky Media: How Companies and Celebrities May Fall Short of the FTC’s “Clear and Conspicuous” Standard

Social media has become a must-have medium for most companies and celebrities. The medium provides an easy, inexpensive and instantaneous connection to customers and fans. However, as social media marketing continues to...more

Rio, Swimming, Lies, and Morals Clauses

by Kelley Drye & Warren LLP on

This week, four companies announced that they were cutting ties with Ryan Lochte after the swimmer admitted to lying about being robbed at gunpoint during the Olympics. Speedo, for example, said that although they enjoyed the...more

Three Point Shot - Summer 2016

by Proskauer Rose LLP on

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

More Guidance for Advertisers and Influencers to Navigate Online Reviews and Endorsements

by Dorsey & Whitney LLP on

Late last week, the International Consumer Protection and Enforcement Network (“ICPEN”) published three sets of guidelines covering online reviews and endorsements. Why does this matter? ICPEN is an informal network of...more

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service....more

Can Plaintiffs Sue a “Celebrity Spokesperson”?

by Reed Smith on

We’ve thought a lot about the various secondary entities that plaintiffs sometimes sue in prescription medical product liability litigation – such as sales reps, physicians, hospitals, pharmacies, distributors, and a number...more

Advertising Law - March 2016

Tech Company Settles With FTC Over Installation of Apps Without Permission - A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more

Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements

On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean Extract, Pure Forskolin...more

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