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Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

BakerHostetler

Sponsored: Is it enough? Not always, says NAD

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Our friendly self-regulatory body in the advertising world – the Better Business Bureau’s National Advertising Division (NAD) – flat-tired* a sneaker brand this week for its sponsored posts on editorial publishers’ social...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

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If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

Womble Bond Dickinson

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

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In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...more

Maynard Nexsen

Social Media & Influencer Compliance for Financial Institutions

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By 2022, the influencer marketing industry is predicted to be worth $15 billion, nearly doubling from 2019. As the term “influencer marketing” becomes more common across industries, there is one particular industry that is...more

Dorsey & Whitney LLP

FTC Report on Social Media Bots and Deceptive Advertising

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We have previously blogged about the rise of computer generated imagery (CGI) influencers, which are one form of social media bots currently invading the online world. Bots are automated software that perform actions using a...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

Benesch

Point Of Sale Newsletter - Q4 2019

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Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

ArentFox Schiff

The Power of The Influencer and The FTC

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A key component behind an influencer’s sway on their audience is perceived authenticity — and the FTC has taken notice. Advertising and Intellectual Property Partner Pamela M. Deese recently spoke with the BBB National...more

ArentFox Schiff

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

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The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...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

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

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Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Dorsey & Whitney LLP

#HonestAds : A Wrap Up from the 2018 NAD Conference

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We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more

Dorsey & Whitney LLP

Dear Influencers: It’s the FTC, Again – FTC Issues 21 Follow-up Warning Letters

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Back in the Spring, we posted about a set of 90 warning letters the FTC sent to influencers and brands about the disclosure of material connections on Instagram. While you may have spent your summer trying to unplug, the FTC...more

McCarter & English, LLP

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

Manatt, Phelps & Phillips, LLP

Top 10 Privacy Considerations for Digital Marketing Campaigns

In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral...more

Perkins Coie

FTC Sends Warning About Using Social Media With Promotions

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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

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