News & Analysis as of

Marketing Social Media Endorsements

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

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On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Manatt, Phelps & Phillips, LLP

FTC Issues Final Rule Banning Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more

Holland & Knight LLP

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

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The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

Venable LLP on

On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

Hudson Cook, LLP

The FTC's New Teeth to Bite Bogus Consumer Review Blurbs

Hudson Cook, LLP on

The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Holland & Knight LLP

The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more

Hogan Lovells

The influencer’s activity may integrate a typical agent activity under Art.1742 et seq. of Civil Code

Hogan Lovells on

With decision no. 2615 of 4 March 2024, the Labour Court of Rome confirmed the Enasarco's inspection stating that an influencer who promotes brand's products on a permanent and continuous basis through his own social network...more

Morgan Lewis - Tech & Sourcing

Social Media Influencer Agreements, Part 2: Considerations When Drafting for an Influencer

In Part 1, we discussed how companies rely on social media influencers to promote their products and services online, and certain items to consider when drafting an influencer agreement. In this Part 2 blog post, we’ll focus...more

Kilpatrick

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

Kilpatrick on

A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more

Morgan Lewis - Tech & Sourcing

Social Media Influencer Agreements, Part 1: Considerations When Drafting for a Company

As consumer products and services companies continually seek to find ways to market to their consumer base, over the last several years, many companies have begun relying on social media influencers to promote their products...more

Venable LLP

Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements

Venable LLP on

Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode....more

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

BakerHostetler on

Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Ward and Smith, P.A. on

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

McDermott Will & Emery on

In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more

Weintraub Tobin

(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising

Weintraub Tobin on

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing...more

Vondran Legal

Arizona Name, Image, and Likeness Law for Athletes and Institutions

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Thanks to new legislation, student-athletes may now legally profit through the use of their name, image and likeness marketing and promotions efforts. If you have a strong social media following on sites like Instagram,...more

Knobbe Martens

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

Knobbe Martens on

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

Kilpatrick

10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

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The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more

Kilpatrick

5 Key Takeaways - "Advertising Claim Substantiation: Challenging Competitor Claims and Substantiating your Own," from the 2023 ANA...

Kilpatrick on

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to moderate a panel at the ANA’s 2023 Masters of Advertising Law Conference, titled Advertising...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

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In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

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