News & Analysis as of

Food, the FTC and the Risks of Social Media Promotions

Social media platforms offer food and other CPG companies a host of new, creative ways to engage with consumers and generate brand experiences, especially on strongly visual platforms like Pinterest, Vine, and Instagram. But...more

Ski Manufacturers Hit for Off-Piste Non-Compete

When it comes to the US Federal Trade Commission, healthy competition for ski manufacturers is just as important off the slopes as on. Ski equipment makers, Tecnica Group and Marker Völkl, learned this lesson on Monday when...more

FTC Sends Warning About Using Social Media With Promotions

The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices. In doing so, the FTC issued a...more

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

FTC Letter States Pinterest Contest Entries Are Endorsements

After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a...more

Advertising Law

FTC Settles With ADT Over Deceptive Endorsements - Don’t believe everything you see on TV or read on the Internet – at least not from ADT Security Systems. According to an administrative complaint filed by the...more

Advertising Law - Feb 21, 2014

In a First, Dreft Sponsors—And Tweets About—Jonas Baby - In what appears to be the first endorsement for a celebrity baby birth, Dreft laundry detergent announced the arrival of the first born child of Kevin Jonas, the...more

“Operation Failed Resolution:” FTC Seeks Media Outlets’ Help to Police Deceptive Weight Loss Ads

In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more

New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers

New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,”...more

FTC Launches Law Enforcement Initiative Stopping Deceptive Advertising and Misleading Endorsements of Fad Weight-Loss Products

Early January 2014, Sensa and three other national marketers of fad weight-loss products settled charges raised by the FTC in an effort to stop “misleading claims for products promoting easy weight loss and slimmer bodies.”...more

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

McAfee & Taft tIP Sheet - June 2013: When the stars align: Negotiating celebrity endorsement deals

So you’ve decided your brand could use a little shine, and you’re considering hitching your brand to a star. You are presumably a fan of the celebrity, and with a little luck, it’s mutual. Whether this is a short-term “hook...more

Advertising Law -- Feb 08, 2013

In This Issue: Manatt Partner Linda Goldstein Invited to Speak at ERA’s Great Ideas Summit; Lance Armstrong’s Confession Leads to Legal Action . . . Will Endorsers Follow Suit?; “Business Coaching” Defendants Settle with...more

Corporate Law Report: U.S. Manufacturing, Social Media, Online Endorsements, Hart Scott Rodino, More [Video]

Watch our latest Corporate Law Report for: a word of caution from Pillsbury on using endorsement as part of your online advertising; enforcement predictions for 2013 from Mike Volkov; social media for global corporations from...more

Endorsement-based Advertising Subject to Law Enforcement by FTC

User endorsements are becoming a more and more popular form of "advertising" as the use of social media and user-generated content continues to increase....more

FTC Guidelines on Endorsements and Testimonials - Analysis

This article addresses issues relating to the Federal Trade Commission's recent issuance of new FTC administrative Guidelines pertaining to endorsements and testimonials, relied upon by consumers, in the course of marketing...more

In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids

Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier...more

FTC Endorsement Guidelines Impact MLM/Direct Selling

www.mlmlegal.com © Jeffrey Babener 2012 Every step you take, I’ll be watching you…Sting, The Police For better or worse, mlm/network marketing/direct selling companies and their distributors will be impacted by...more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these...more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these...more

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