5 Key Takeaways | The Law of Advertising
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
With November’s Election Day less than five months away and an onslaught of political ads already hitting the airwaves and social media feeds, many state legislatures have enacted or are considering passing legislation...more
Meta, the parent company of Facebook and Instagram, announced that it will now require advertisers to disclose “social issue, election, or political” advertisements that have been “digitally created or altered, including...more
Utah AG Sean D. Reyes filed a lawsuit against TikTok Inc. alleging violations of the Utah Consumer Sales Practices Act and seeking civil penalties, restitution, damages, and a permanent injunction barring TikTok from future...more
On June 30, 2023, the Federal Trade Commission (FTC) introduced a groundbreaking proposal to combat deceptive marketing practices involving fake reviews and endorsements. This proposed rule aims to protect consumers seeking...more
In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more
The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
A positive internet reputation is an expected prerequisite for conducting business. Negative internet content, including negative reviews, can destroy an operation....more
Kilpatrick Townsend partners Ty Lord and Laura Miller and Jeremy Liebman, Senior Counsel at Krispy Kreme, recently discussed “The Law of Advertising” at an Association of Corporate Counsel CLE (Charlotte Chapter)....more
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
Remember when you were a teenager and rules seemed excessive and tiresome to follow? And remember getting grounded because you missed curfew ("nothing good happens after midnight") or skipped school ("Bueller? … Bueller?…")?...more
Is traditional advertising dying in the Digital Era? Not only is offline marketing facing a slow death (goodbye, classifieds!), but companies are realizing that traditional online advertising may be losing its power....more
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
In 2014, Ricardo Agnant, a.k.a. “Maserati Rick,” snuck into an NFL Regional Combine at the Miami Dolphins’ training center. An NFL Regional Combine is a selective NFL-sanctioned event that provides aspiring NFL athletes a...more