News & Analysis as of

Brand Federal Trade Commission (FTC) Endorsements

Manatt, Phelps & Phillips, LLP

Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

ArentFox Schiff on

Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

Perkins Coie on

The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

The first article in this series explained the requirements under the FTC's current Endorsement Guides that athletes must have "clear and conspicuous" disclosures to endorse a product or promote a business.  But what...more

Perkins Coie

New Year’s Resolutions for Successful Brand Partnerships in 2023

Perkins Coie on

As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

Venable LLP on

​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

Holland & Knight LLP on

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

BakerHostetler

Thoughts on Working with B2B Influencer

BakerHostetler on

There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more

Fenwick & West LLP

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

Fenwick & West LLP on

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Perkins Coie

Hot Ad Law Topics for 2021

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Ring in the new year by avoiding marketing practices that could result in class actions, regulatory enforcement actions, and competitor claims. Here are five advertising and marketing law takeaways for brands and legal teams...more

BakerHostetler

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

BakerHostetler on

If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more

Ballard Spahr LLP

FDA and FTC to Study Impact of Social Media Influencers

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The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more

Seyfarth Shaw LLP

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

Seyfarth Shaw LLP on

The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

Brownstein Hyatt Farber Schreck

FTC Issues New Guidelines for Social Media Influencers, Brands

By the end of 2019, social media advertising spend exceeded print advertising spend for the first time, according to projections issued by the Zenith media agency. In late 2019, Facebook reported that over 140 million...more

Pierce Atwood LLP

Attention Brands and Social Media Influencers - Recent FTC Guidance for Avoiding FTC Act Liability

Pierce Atwood LLP on

The Federal Trade Commission (“FTC”) recently released a new guide entitled “Disclosures 101 for Social Media Influencers” and a related video. The Disclosures 101 Guide describes in plain, easy-to-read language the...more

Seyfarth Shaw LLP

Influencer Disclosure Update 101, Courtesy of the FTC

Seyfarth Shaw LLP on

Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media. ...more

Hogan Lovells

Hey influencers! The FTC is talking to you - new guidance from the FTC

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The Federal Trade Commission (FTC) released new guidance regarding influencer marketing. The FTC breaks down the basics of advertising disclosures for social media influencers through a series of do’s and don’t’s as to how,...more

Faegre Drinker Biddle & Reath LLP

FTC Releases New User-Friendly Disclosure Guidelines for Influencers

The Federal Trade Commission (FTC) is not hitting “like” on your influencer engagement campaign, and is down-voting your disclosures. Earlier this month, the FTC released important new guidance targeted at social media...more

Robins Kaplan LLP

#Sponsored: Fyre, Floyd, Flat Tummy Tea, and Fraud

Robins Kaplan LLP on

Bombay Hair tools, Daniel Wellington watches, FabFitFun boxes, HelloFresh meal kits, SugarBearHair vitamins, and more. Spend any time on Instagram and chances are you will encounter influencers promoting these products,...more

Hogan Lovells

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Ballard Spahr LLP

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

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