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Endorsements Corporate Counsel

Perkins Coie

Top Advertising Law Trends for 2024

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With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more

Kelley Drye & Warren LLP

FTC Sends Warning Letters to Companies and Influencers Over Disclosures in Posts

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Earlier this year, we examined how changes to the FTC’s Endorsement Guides might affect influencer campaigns and suggested that companies may want to monitor FTC actions in this area to see what types of conduct grab the...more

Locke Lord LLP

New FTC Endorsement Guides: What ‎Advertisers and Influencers Need to Know

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For the first time since 2009, the Federal Trade Commission (“FTC”) released changes to the FTC’s Endorsement Guides, which advise advertisers, brand ambassadors and endorsers (collectively, “endorsers”) on what practices may...more

BakerHostetler

Endorsements and Actual Usage - A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

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Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more

Fenwick & West LLP

“Review Hijacking” to Boost Reviews? Think Again, as the FTC Weighs In

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On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2022

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Kelley Drye & Warren LLP

FTC and States Settle with Google and iHeartMedia Over Misleading Endorsements

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In January, we reported that the Texas Attorney General had filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it....more

Kelley Drye & Warren LLP

FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements

In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides. The...more

Kelley Drye & Warren LLP

FTC Blankets Companies With Warning Letters Over Endorsements and Reviews

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As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively utilize...more

Robins Kaplan LLP

Ransomware Attack Results In Covered Physical Loss Or Damage

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A Maryland Federal Court Examines A Coverage Dispute Regarding Whether An Insured Had Experienced A Covered Loss To Its Computer System Following A Ransomware Attack. ...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

Dorsey & Whitney LLP

Is Marriage a “Material Connection”? The FTC Challenges an “Independent” Expert Based on Marital Status

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Medical endorsements can be powerful selling tools for health care products. But if a medical professional has a connection to the company marketing the products that would be material to consumers in evaluating the...more

Cozen O'Connor

Do Fidelity Policies Issued to Individual Partners Provide Coverage for Theft of Partnership Earnings?

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The Eighth Circuit is set to decide this question in 3M Company, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., Appeal No. 15-3495. The answer will likely determine whether a blanket crime policy...more

Dorsey & Whitney LLP

Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising – Does Your Advertising Pass Muster?

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In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more

McDermott Will & Emery

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

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Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had...more

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