News & Analysis as of

FTC Endorsement Guidelines

Double Standard? Influencers Debate Disclosures

At a recent conference, social media influencers took aim at what they perceive to be a double standard in enforcement of the Federal Trade Commission’s (FTC) Endorsement Guides....more

The FTC’s Quest for Better Influencer Disclosures

In the last few years, as advertising has followed consumers from legacy media such as television to online video and social media platforms, the Federal Trade Commission has been attempting to ensure that participants in...more

Checking in with the FTC’s Bureau of Consumer Protection – Trends, highlights, new developments, and what lies ahead

by Hogan Lovells on

The Federal Trade Commission (FTC) Bureau of Consumer Protection is where the action is when it comes to identifying current and future trends related to consumer protection. Bureau actions are closely watched to identify...more

Keeping Your Social Media Contests Compliant

by Baker Donelson on

Let's say that your marketing department plans to launch a product promotion through dedicated software applications (apps), the Internet, and/or social media, primarily accessed by the target audience on hand-held mobile...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Top Advertising Law Enforcement Trends for the New Year

by Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

Celebrity Influencers Now Causing Trouble With … Investments?

The new trend in celebrity endorsements without disclosing connections or affiliations: promoting stocks and other investments, according to a Public Statement from the Securities and Exchange Commission....more

SEC And FTC Warn Celebrities Must Disclose Financial Connection For ICO Endorsements

by Ifrah PLLC on

Cryptocurrency is the latest trend to be embraced by celebrities, so much so that the federal government this month issued a warning about the possible risks involved. Both the U.S. Securities and Exchange Commission (SEC)...more

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

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