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Federal Trade Commission (FTC) Advertising Social Media

Oberheiden P.C.

Fake Online Reviews and Testimonials: 10 Key Considerations for Avoiding FTC Scrutiny

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Finalized last year, the U.S. Federal Trade Commission’s (FTC) Final Rule on the Use of Consumer Reviews and Testimonials (the “Final Rule”) principally addresses the sale, purchase, and publication of fake online reviews and...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Pierce Atwood LLP

Revolve Faces $50M Class Action Alleging Undisclosed Influencer Relationships

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Social media influencing is an estimated $30 billion annual global industry, with brands increasingly electing to partner with influencers over traditional marketing channels. But, while social media and influencer...more

Pagefreezer

Social Media vs. Compliance — The Major Marketing Problem Stumping Financial Services

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These days, you'd be hard-pressed to find an business that isn't advertising on social media. But when it comes to financial service providers, social media marketing can become a double-edged sword, or worse a compliance...more

Kelley Drye & Warren LLP

Lawsuit Turns the Heat up on Celsius Influencer Campaign

Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more

Mogin Law LLP

Musk Says Advertisers Abandoned X via Illegal Boycott

Mogin Law LLP on

Advertisers began pulling their ads from the microblogging site, then called Twitter, shortly after Elon Musk took the company over in October 2022. Within a month at least six major companies had stopped advertising on the...more

Kelley Drye & Warren LLP

NAD Holds Celebrity Social Media Posts Need Disclosures

Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote ​“when a significant minority of the audience for an endorsement does not...more

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

Saul Ewing LLP on

The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

ArentFox Schiff

NAD Monitoring Program Results in Decision on Influencer Marketing

ArentFox Schiff on

In a recent decision, the Better Business Bureau’s National Programs’ National Advertising Division (NAD) took issue with social media content posted by influencers engaged by Revolve Group, Inc. and recommended that the...more

Weintraub Tobin

(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

Weintraub Tobin on

As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive...more

Kelley Drye & Warren LLP

NAD Decision Addresses Gifting to Influencers

Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more

Foley Hoag LLP - Security, Privacy and the...

Meta’s New Advertising Rules: Key Considerations for Health and Wellness Businesses

Advertising on social media platforms such as Facebook and Instagram is a common marketing strategy for many businesses. Government agencies and consumer advocates have increasingly scrutinized this practice to determine if...more

DLA Piper

Six Advertising Trends for 2025

DLA Piper on

As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends. ...more

Kelley Drye & Warren LLP

NAD Decision Addresses Content Creators on TikTok

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution...more

Weintraub Tobin

(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

Weintraub Tobin on

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance,...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

Weintraub Tobin on

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance,...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

Weintraub Tobin on

While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Kelley Drye & Warren LLP

NAD Addresses Influencer Disclosures in Challenge Between Competitors

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This week, NAD announced a decision in a dispute between Mielle Organics and Kreyol Essence – two competitors in the beauty and personal care market – that focused on whether an influencer had clearly disclosed her...more

Kohrman Jackson & Krantz LLP

FTC’s “Fake Review” Portal is Live: How Businesses Can Remove Fake Reviews

Once reviews are identified, a company can take steps to remove them. Generally, reviews can be removed in one of three ways: reporting the review to the FTC, reporting the review to the hosting platform, and pursuing legal...more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

Kilpatrick

5 Key Takeaways - Marketing to Kids: New U.S. Privacy and Social Media Safety Laws Impact Advertising Compliance

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With increasing scrutiny on how companies handle personal data of children under 18, several new laws are reshaping the legal landscape. Even companies that may not intend to direct their services to children still need to be...more

BakerHostetler

NAD Conference Recap: Who’s Your Sponsor?

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The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

Hinch Newman LLP on

As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

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