FTC Endorsement Guidelines

News & Analysis as of

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

Children's Products: An Overview of Advertising Laws and Regulations

Like all businesses, manufacturers and retailers of children's products must comply with advertising laws and regulations. Advertising laws protect consumers by requiring advertisers to be truthful about their products....more

Brain Freeze: Lumosity Settles Charges With FTC Over Ads About Cognitive Health

Lumosity’s online “brain training” program was playing Jedi mind tricks (yes, a Star Wars pun) on consumers according to a complaint filed by the Federal Trade Commission (FTC) against Lumos Labs, Inc. (Lumosity) and its...more

Serious Games Require Serious Attention to Marketing Statements

Lumos Labs recently paid $2 million to the FTC to settle claims that it deceived consumers about its brain training application’s ability to increase cognitive function. According to the FTC, the company alleged that its...more

Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign

In an age of explosive growth for social media and declining TV viewership numbers, companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and...more

Instagram and the #FreeLunch: FTC Guidelines on Social Media Endorsements

With Thanksgiving behind us and the holiday season in full swing, many of us will be dining out at local restaurants and picking up sumptuous desserts to bring to dinner parties. Looking for restaurant and bakery...more

Are Your Company’s Social Media #Sweepstakes FTC Compliant?

Social media contests and sweepstakes have gone viral. They have not only caught the attention of consumers nationwide, they have caught the attention of the Federal Trade Commission....more

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. They can loan out a new phone, provide free access to an app, provide free products, etc., in exchange for publicity on social media....more

#ILoveThisProduct!

In a world where people go online to tell friends and strangers alike how they feel about everything from their newest mobile device to a restaurant down the street, it’s tough to know why opinions are shared in social media....more

Game Over: Popular Multi-Channel Network Settles FTC Complaint for Paid Endorsement Videos

September 8, 2015 On September 2, 2015, the Federal Trade Commission (FTC) announced its first settlement with an online video marketer over an alleged failure to disclose paid endorsements. The FTC settled with Machinima,...more

Machinima Settles FTC Enforcement Action Over Xbox One Endorsements

On September 2, 2015, the FTC announced that it had settled its complaint against a California-based online entertainment network – Machinima, Inc. – for engaging in an allegedly deceptive advertising campaign to promote the...more

Online entertainment network Machinima settles with FTC

California based Machinima, an online entertainment network that promoted Xbox One, has settled an investigation with the FTC surrounding its advertising practices. The FTC alleged that Machinima paid “influencers” to post...more

FTC’s social media product endorsement guidelines

Back in 2009, the Federal Trade Commission (FTC) updated its ‘Endorsement Guides’ and followed up with an informal publication called “What People are Asking” to clarify some of the guides points. In May 2015, the FTC updated...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more

New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosures

After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked questions entitled “What People Are Asking” (the “FAQs”) to address...more

FTC Updates FAQs for Endorsement Guides, Offers More Guidance on Social Media and Video Endorsements

The FTC recently revised its “What People are Asking” page, a source of informal guidance relating to the FTC’s Endorsement Guides. The Endorsement Guides were last revised in 2009. The FAQ revisions are intended to address...more

Q: What’s Different About the FTC’s New Endorsement Q&As? A: Lots.

The FTC recently released a new version of its Q&As on the Endorsement Guides. The old Q&As, released in 2010, were about seven pages long. The new ones just about double that. The revisions and additions reflect many of the...more

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

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

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 - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

Warning to Good Wife Fans: Fake Product Reviews Are Less Legal Than They Appear

Hello, Law Law Land readers! I took a blogging hiatus during the latter part of my pregnancy and early months of new parenthood, but I’m back. While certain things in my life have changed, at least one thing remains the...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

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