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
8/21/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more
I asked ChatGPT why truth in advertising is important.
Here is the result. In today’s world, advertising is an integral part of our lives. We are exposed to a plethora of ads every day, from billboards to social media....more
In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more
11/24/2021
/ Advertising ,
Beverage Manufacturers ,
Celebrity Endorsements ,
Disparagement ,
Emoji ,
False Advertising ,
Goods or Services ,
Influencers ,
NAD ,
Online Videos ,
Social Media ,
SWIFT
In a mixed decision, the National Advertising Division (NAD) found that One Home Brands, Inc., d/b/a Blueland provided adequate substantiation for claims that its cleaning tablet wrappers are biodegradable and compostable,...more
In addition to the Federal Trade Commission, the National Advertising Division (NAD) has also been active with cases regarding COVID-19 claims. In the latest case, the NAD announced that Nomolotus, LLC, d/b/a Truvani,...more
Social Media, Behavior Policies Tossed by NLRB ALJ -
Why it matters -
Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more
11/7/2017
/ Administrative Law Judge (ALJ) ,
Amazon ,
Arbitration ,
Cybersecurity ,
Data Breach ,
FCC ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Reassigned Phone Numbers ,
Safe Harbors ,
Social Media ,
TCPA
Twitter Working to Limit Fake Stories, Accounts -
In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more
7/24/2017
/ Advertising ,
Disparagement ,
First Amendment ,
Higher Education Act ,
Lanham Act ,
Logging ,
Matal v Tam ,
Native American Issues ,
Redskins ,
Social Media ,
Trademark Trial and Appeal Board ,
Trademarks ,
Twitter
NAD Considers Grocery Store Claims, Including Jurisdiction Question -
A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more
Full Disclosure: Instagram to Help Influencers With Compliance -
On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more
SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History -
Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more
4/22/2016
/ Advertising ,
Copyright ,
Deceptively Misdescriptive ,
Endorsements ,
Federal Trade Commission (FTC) ,
Libel ,
Olympics ,
Right of Publicity ,
Social Media ,
Sponsors ,
Testimonial Statements ,
Twitter ,
Uber ,
UK
"Flying Rabbi" Suit Crash Lands in NY Appellate Court -
A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more
10/16/2015
/ Advertising ,
Comparative Advertising ,
Confidentiality Agreements ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Dietary Supplements ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Invasion of Privacy ,
Jurisdiction ,
Misappropriation ,
Mobile Apps ,
NAD ,
Name and Likeness ,
Non-Disparagement Provisions ,
Online Endorsements ,
Permanent Injunctions ,
Public Interest ,
Puffery ,
Redress Payments ,
Right to Privacy ,
Section 5 ,
Social Media ,
Television Shows ,
Truth in Advertising ,
Unfair or Deceptive Trade Practices ,
Video Privacy ,
YouTube
Commercials Pulled After Endorser Admits 9/11 Lies -
The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more
10/9/2015
/ Advertising ,
Air Pollution ,
Celebrities ,
Celebrity Endorsements ,
Class Action ,
Consent ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Encryption ,
Environmental Protection Agency (EPA) ,
False Statements ,
Federal Trade Commission (FTC) ,
Instagram ,
Parental Consent ,
Pinterest ,
Section 5 ,
Social Media ,
Startups ,
Television Commercials ,
Unfair or Deceptive Trade Practices ,
Volkswagen
DAA Mobile Privacy Code Enforcement Begins In September -
Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more
6/2/2015
/ Advertising ,
Data Collection ,
Dietary Supplements ,
Digital Advertising Alliance ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fitbit ,
Internet ,
Marketing ,
Mobile Apps ,
Mobile Devices ,
Photographs ,
Privacy Policy ,
Section 5 ,
Social Media
Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims -
Just how safe is the purported “safest place on the Internet”?:
Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more
11/21/2014
/ Advertising ,
Class Action ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Enforcement Actions ,
FCC ,
Kamala Harris ,
Legislative Committees ,
Personally Identifiable Information ,
Privacy Policy ,
Redbox ,
Social Media ,
VPPA
Permanent Ban From Prize Promotion Business After Sweepstakes Scam -
A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more
10/27/2014
/ Advertising ,
Anti-SLAPP ,
Contests & Promotions ,
Fair Credit Reporting Act (FCRA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Football ,
Lanham Act ,
NCAA ,
POM Wonderful v Coca Cola ,
Scams ,
Social Media ,
Sweepstakes ,
Wine & Alcohol
Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising -
Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more
FTC Mows Down Astroturfing at Yahoo -
The Federal Trade Commission has closed an investigation into “astroturfing” by Yahoo employees and declined to take enforcement action because of the limited number of workers...more
10/10/2014
/ Advertising ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Mobile Apps ,
Online Reviews ,
Pharmaceutical Industry ,
Public Disclosure ,
Social Media ,
Yahoo!
Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead -
One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more
9/22/2014
/ Advertising ,
Apple ,
Federal Trade Commission (FTC) ,
Google ,
Minors ,
Mobile Apps ,
Mobile Payments ,
Settlement ,
Social Media ,
TCPA ,
VPPA
Online Reviews Not Sufficient To Support Ad Claim, NAD Rules -
While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more
7/14/2014
/ Advertising ,
Coca Cola ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Lanham Act ,
NAD ,
POM Wonderful ,
POM Wonderful v Coca Cola ,
Redskins ,
SCOTUS ,
Social Media