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Endorsements FTC Endorsement Guidelines

BCLP

Part 3: What the FTC’s Final Rule Means for Incentivized Reviews

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In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

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On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Brownstein Hyatt Farber Schreck

FTC Finalizes Rule to Combat Deceptive Online Reviews

On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews...more

Morgan Lewis

FTC Issues Final Rule on Consumer Reviews and Testimonials

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Earlier this month, the Federal Trade Commission (FTC or Commission) published a final rule prohibiting certain specified unfair or deceptive acts or practices involving consumer reviews and testimonials. Effective October...more

Wilson Sonsini Goodrich & Rosati

FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials

On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional...more

BakerHostetler

[Podcast] AD Nauseam: The AD Legend Series – Featuring Mary Engle

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On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more

Kelley Drye & Warren LLP

FTC Settlement with CarShield Holds Lessons on Endorsements

If you’ve watched the news recently, it’s fairly safe to predict that two things happened. First, you probably watched an announcer recount disturbing news about the current political climate. Second, following that segment,...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Holland & Knight LLP

The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade...more

Kelley Drye & Warren LLP

Court Considers Vodka Influencers’ Posts

Two men – we’ll call them Mario and Alin – purchased Blue Ice Vodka based, in part, on social media posts in which various influencers suggested that the vodka was a ​“healthy product” that can help with personal fitness and...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Kelley Drye & Warren LLP

FTC Staff’s Revised MLM Guidance—More Content, Less Clarity

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 9

NAD Endorses Compliance With FTC Guide Requirements for Experts - Endorsements: Love them or hate them (and social media does love them so), they are subject to ever-increasing regulatory scrutiny, and compliance isn't...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Kilpatrick

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

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A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote...more

Venable LLP

Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

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Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding...more

Venable LLP

Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements

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Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode....more

Kelley Drye & Warren LLP

NAD Decision Addresses Influencer Disclosures

Last week, NAD announced a decision involving a challenge that a competitor brought against Wonderbelly involving (among other things) an influencer campaign. Wonderbelly engaged a number of influencers to promote its...more

BakerHostetler

Steering into Dark Patterns

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Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more

Venable LLP

FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews

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On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...more

BakerHostetler

10/10 Would Recommend: The FTC’s Proposed Rulemaking on Fake Reviews and Endorsements Indirectly Addresses Review Bombing in Video...

BakerHostetler on

Could someone please tell my mom that – no – playing three hours of Frogger every day on a hand-me-down Atari did not in fact “melt my brain”? I’m still capable of thoughtful legal analysis, with the help of brilliant...more

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Holland & Knight LLP on

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

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

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

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Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

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