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
8/20/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that would make it an unfair and deceptive practice to misrepresent the total costs of goods and services by omitting mandatory fees from...more
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.
This Holland & Knight alert...more
4/19/2023
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Contests & Promotions ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Labeling ,
Made in the USA ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Policies and Procedures ,
Risk Management ,
Social Media ,
Sweepstakes ,
Testimonial Statements
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
1/27/2023
/ Advertising ,
Compliance ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Marketing ,
New Guidance ,
Popular ,
Product Labels ,
Supply Chain ,
Unfair or Deceptive Trade Practices
Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more
6/16/2022
/ Advertising ,
Brand ,
Civil Liability ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Liability ,
Marketing ,
Online Endorsements ,
Proposed Amendments ,
Social Media ,
Testimonial Statements
A current marketing trend is to use social media sweepstakes for promotion purposes, e.g., "Like and Share Our Facebook or Instagram Post For a Chance To Win a $100 Gift Card!" or "Take Our Five-Minute Survey For a Chance To...more
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
10/29/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Endorsements ,
Enforcement Guidance ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
New Guidance ,
Notice of Violation ,
Online Advertisements ,
Online Reviews ,
Social Media ,
Social Media Policy ,
Statutory Authority ,
Testimonial Statements
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021. Ostheimer has been with the FTC for three decades, currently serving as a...more
2/24/2021
/ Advertising ,
Advertising to Minors ,
Biden Administration ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Personal Information ,
Risk Management ,
Social Media ,
Standard of Review ,
Technology Sector ,
User-Generated Content
The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more
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
11/4/2019
/ Advertising ,
Disclosure Requirements ,
Enforcement ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
Influencers ,
Instagram ,
Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Standards ,
Social Media ,
Social Media Policy ,
Social Networks ,
Twitter ,
YouTube