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Endorsements Marketing Disclosure Requirements

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

Kelley Drye & Warren LLP

NAD Decision Considers “As Seen In” Claims

LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...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

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

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

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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

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2023

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Knobbe Martens

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

Knobbe Martens on

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

Oberheiden P.C.

Promoters, Endorsers, and Brokers: Understanding the Rules on Securities and Cryptocurrency Investment Advertising

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Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more

BakerHostetler

Sponsored: Is it enough? Not always, says NAD

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Our friendly self-regulatory body in the advertising world – the Better Business Bureau’s National Advertising Division (NAD) – flat-tired* a sneaker brand this week for its sponsored posts on editorial publishers’ social...more

Kelley Drye & Warren LLP

NAD Decision Provides Guidance on Disclosures for Endorsements

NAD recently issued a decision in a challenge that Bath & Body Works (or ​“B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

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In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

King & Spalding

FTC Revamps the “Guides Concerning the Use of Endorsements and Testimonials in Advertising”

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The U.S. Federal Trade Commission (“FTC” or “the Commission”) maintains Guides Concerning Use of Endorsements and Testimonials in Advertising to “set forth the general principles that the Commission will use in evaluating...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

Fenwick & West LLP

FTC Announces Updated Endorsement Guides to Combat Deceptive Reviews and Endorsements

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On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more

Lowenstein Sandler LLP

FTC Promulgates New Rules on Deceptive Endorsements, Fake Reviews, and False Testimonials

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Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s...more

Lerman Senter PLLC

FTC Proposes Rule to Eliminate Fake Reviews

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The Federal Trade Commission has proposed a new rule that would make it illegal to post fake reviews and testimonials, suppress negative reviews, or pay for positive reviews....more

Moritt Hock & Hamroff LLP

14 Years Later: FTC Updates The Endorsement Guides

On June 29, 2023, the Federal Trade Commission (FTC) announced its much anticipated and long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides, which...more

Locke Lord LLP

New FTC Endorsement Guides: What ‎Advertisers and Influencers Need to Know

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For the first time since 2009, the Federal Trade Commission (“FTC”) released changes to the FTC’s Endorsement Guides, which advise advertisers, brand ambassadors and endorsers (collectively, “endorsers”) on what practices may...more

Hogan Lovells

FTC publishes updated Endorsement Guides and proposed rule banning fake reviews

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The U.S. Federal Trade Commission (FTC or the “Commission”) recently announced two actions aimed at strengthening regulation of online advertising. On June 29, 2023, the Commission released its updated Endorsement Guides (the...more

Davis Wright Tremaine LLP

In a One, Two, Three Punch, the FTC Issues Updated Endorsement Guides

The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more

Morgan Lewis

FTC Updates Endorsement Guides, Proposes Endorsement-Related Rule

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The Federal Trade Commission recently released updated Guides Concerning the Use of Endorsements and Testimonials—commonly referred to as the “Endorsement Guides.” The updated Endorsement Guides, which were closely followed...more

Venable LLP

FTC Finalizes Updated Endorsement and Testimonial Guides

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Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more

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