News & Analysis as of

FTC Endorsement Guidelines

FTC Steps Up Scrutiny of Social Media Marketing

The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements. According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two...more

Celebrity ICO Endorsements: SEC, FTC, and CFTC Oversight

by Reed Smith on

Floyd Mayweather, a world famous boxing champion, recently used his Twitter and Instagram accounts to help a company raise more than $30 million in an initial coin offering (“ICO”). Other celebrities have similarly...more

Instagram Expands its Influencer Tool, but is it Enough?

by Kelley Drye & Warren LLP on

In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more

Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse....more

FTC: Even implied messages need explicit disclosures

by Thompson Coburn LLP on

On the Internet, it’s not just what you say, but also what you imply. Social media comments, video and image posts, and even tags and “likes,” can carry implied messages, which may create legal liability....more

FTC Seal of Disapproval for “Selfie” Certification Marks

by Dorsey & Whitney LLP on

For many years, consumers have relied on certification marks like the Good Housekeeping Seal of Approval and the UL logo as an assurance of product quality. Administered by independent organizations, consumers reasonably...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

FTC Takes Action Against Individual Social Media Influencers

by BakerHostetler on

Advertisers’ and brands’ use of social media influencers has continued to grow in importance as brands seek to reach new consumers while marketing to a widespread demographic. Traditionally, influencers are known as people...more

AD-ttorneys@law

by BakerHostetler on

Personal computing titan Lenovo ran afoul of the Federal Trade Commission (FTC) when it was hit with a complaint regarding ad-injecting software developed by Superfish Inc. that Lenovo pre-installed on a number of laptop...more

Alert: FTC Gives New Guidance on Paid Social Media Influencers

by Cooley LLP on

The Federal Trade Commission has recently updated guidance on the use of endorsements in The FTC's Endorsement Guides: What People Are Asking, which address the use of social media and paid influencers to promote companies...more

The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!

This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who...more

Social Links: Social media influencers earn big bucks for endorsements, while the FTC settles a suit against influencers; European...

In 2016, brands spent $570 million on social influencer endorsements on Instagram alone. This recode article takes a looks at how much influencers with certain followings can command, and whether they’re worth the investment....more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

by Womble Bond Dickinson on

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

FTC Settles Social Media Influencer Investigation With CSGO Lotto

On Sept. 7, 2017, the Federal Trade Commission (FTC) made public its settlement with YouTubers Trevor “TmarTn” Martin, Thomas “Syndicate” Cassell and their company CSGOLotto, Inc. (“Respondents”), over allegations of multiple...more

Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

FTC Remains Focused on Social Media Influencer Practices

This week, the Federal Trade Commission (FTC or the Commission) pursued enforcement action against a number of social media influencers over the influencers’ alleged failures to disclose material connections between...more

FTC Takes Action Against Social Media Influencers

by Kelley Drye & Warren LLP on

Yesterday morning, the FTC announced that it had reached a settlement in its first-ever complaint against individual social media influencers and that it had sent warning letters to other prominent influencers. In addition,...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

#FTCcrackdown: What Brands Need to Know about Using Influencers to Advertise their Products

by Foley & Lardner LLP on

Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

‘Tis the Season to Plan Ahead for Celebrity Endorsement Campaigns

by Perkins Coie on

The holiday season is around the corner, and retailers are planning their holiday marketing campaigns. Celebrity endorsements continue to be a popular way to bolster brand recognition and goodwill during the holidays and...more

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