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Endorsements New Guidance

BakerHostetler

Steering into Dark Patterns

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Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more

Knobbe Martens

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

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Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

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The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

Venable LLP

Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

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This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens. The...more

Dorsey & Whitney LLP

The FTC’s New Year’s Resolution for 2023: Healthier Health Claims

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Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on...more

BakerHostetler

FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

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In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary...more

Ward and Smith, P.A.

NCAA Name, Image, and Likeness Guidance for Businesses and Boosters

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The world of Name, Image, and Likeness (NIL) has exploded onto the scene and taken college athletics by storm.  The impact of NIL on the college sports landscape is a topic of daily discussion throughout sports media. ...more

BakerHostetler

NFT Endorsements Scrutinized; Bank Crypto Guidance Issued; DOJ, CFTC and SEC Bring Crypto Enforcement Actions; Research Finds...

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NFTs Expand on Social Media, Celebrity NFT Endorsements Scrutinized - According to reports, one of the world’s largest social media platforms recently expanded its NFT (non-fungible token) initiative, allowing users in...more

Vinson & Elkins LLP

“Nobody Did Anything About it” or Did They?: NCAA Releases New NIL Guidelines Targeting University-Affiliated NIL Collectives

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On May 9, 2022, the National Collegiate Athletic Association (“NCAA”) issued new guidelines to its Division I member schools on name, image, and likeness (“NIL”)....more

Venable LLP

Federal Trade Commission Releases Online Customer Review Guidance

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It might be hard for some to imagine, but the Federal Trade Commission (FTC) is feeling groovy. This month, the agency released two guidance documents that track best practices to prevent consumers from being misled when...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

Holland & Knight LLP

False Endorsements and Testimonials: The FTC Warns of Civil Penalties in New, Aggressive Enforcement Initiative

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Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more

Faegre Drinker Biddle & Reath LLP

Will New FTC Endorsement Guidelines Make A #Hashtag of Influencer Advertising?

In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not...more

Brownstein Hyatt Farber Schreck

FTC Issues New Guidelines for Social Media Influencers, Brands

By the end of 2019, social media advertising spend exceeded print advertising spend for the first time, according to projections issued by the Zenith media agency. In late 2019, Facebook reported that over 140 million...more

Pierce Atwood LLP

Attention Brands and Social Media Influencers - Recent FTC Guidance for Avoiding FTC Act Liability

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The Federal Trade Commission (“FTC”) recently released a new guide entitled “Disclosures 101 for Social Media Influencers” and a related video. The Disclosures 101 Guide describes in plain, easy-to-read language the...more

BCLP

FTC Issues Guidance on Proper Disclosures for Social Media Influencers

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Many retailers and online businesses leverage social media to boost brand awareness and promote product sales. The FTC recently has issued guidance on what social media influencers need to do when endorsing products. ...more

A&O Shearman

FINRA Releases New Guidance Regarding Social Media and Digital Communications

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On April 25, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 17–18, Social Media and Digital Communications (the “Regulatory Notice”), addressing certain frequently asked questions...more

Dorsey & Whitney LLP

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

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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

WilmerHale

In Case You Missed It: Launch Links - June 2016 #4

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Some interesting links we found across the web this week: What Brexit Means for Tech Startups - Brexit news dominated headlines this week, so here’s a roundup from the startup perspective....more

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