The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
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Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
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The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
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The Briefing by the IP Law Blog: Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
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Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more
In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing...more