LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
(Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many
The FTC Announces Three Important Developments
AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
State AG Pulse | Influencers, Identify Yourselves, Says FTC
Podcast - The FTC Cracks Down on Celebrity Endorsers
Podcast - The FTC's Focus on Social Media Advertising Policies
AD Nauseam: The FTC’s Updated Endorsement Guides: Get into the Groove
Podcast - The FTC's Regulation of Social Media Advertising
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Advertising & Customer Engagement in the Digital Age - Customer Reviews and Response
Key Takeaways - Undisclosed “fake fan” campaigns present clear FTC risk under Section 5 and the Endorsement Guides, particularly where material connections between marketers and content creators are hidden....more
The rise of influencers and creator-driven content has fundamentally reshaped online marketing. Brands increasingly turn to influencers to reach audiences in authentic, engaging ways, but this new trend is not without risk....more
Last year, NAD released its Influencer Trust Index: Consumer Insights 2025. Although the data showed high consumer engagement with influencers, it also showed that many consumers are suspicious of influencer campaigns....more
Influencer marketing has outgrown its early days of buried “#sp” tags and fuzzy disclosure practices. It’s now a core advertising channel driving billions in spend—and, unsurprisingly, continues to draw scrutiny from...more
This week marks an important new chapter in the self-regulation of advertising in the United States. Yesterday, the Center for Industry Self-Regulation's Institute for Responsible Influence (IRI) announced the launch of a new...more
Whether you are an influencer with a million followers or a thousand, if you endorse brands or products, you are required to abide by the Guidelines set forth by the Federal Trade Commission (“FTC”) when making...more
The Federal Trade Commission’s (FTC) advertising disclosure rules for “material connections” are not new. The FTC has long required that advertising contain clear and conspicuous disclosures of endorsements and other material...more
On December 22, 2025, the Federal Trade Commission (“FTC”) announced it had sent warning letters to 10 companies regarding possible violations under the Consumer Reviews and Testimonials Rule (“Rule”). Although recipients...more
The Federal Trade Commission (FTC) has sent warning letters to 10 unnamed companies for practices that may allegedly violate its new Consumer Review Rule. The letters flag potential use of fake or misleading reviews,...more
The Federal Trade Commission (FTC) recently sent warning letters to 10 companies advising them of possible violations of its Consumer Review Rule (the “Rule”), which became effective in 2024 and prohibits certain unfair and...more
This week, the Center for Industry Self-Regulations launched the Institute for Responsible Influence, an entity whose first key initiative will be a certification program designed “to elevate transparency, strengthen...more
The Federal Trade Commission and State Attorneys General are aggressively investigating the use of fake or false consumer reviews and testimonials – including AI-generated reviews – on consumer review platforms like Google...more
In August 2024, I wrote about the Federal Trade Commission's then-new Consumer Review Rule (Adieu, Fake Revie(u)w), which is designed to preserve the authenticity of online reviews and prohibit companies from suppressing...more
On December 22, 2025, the FTC announced that it had sent letters to ten companies warning them of potential violations of the agency’s Consumer Review Rule....more
Procter & Gamble filed an NAD challenge against Blueland, arguing that influencers promoting Blueland’s cleaning products on the TikTok Shop did not adequately disclose their connection to the company....more
Earlier this year, we blogged about effective influencer disclosures on Instagram. Our attention is now on TikTok with the help of a recent decision from the National Advertising Division. On October 13, 2025, the NAD...more
The recent 2025 NAD Conference provided a deep dive into many areas of advertising law. While a few sessions discussed the obvious hot-button topic of the year—artificial intelligence—there were many other timely topics...more
The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting thing about this case is that the brand didn’t ask for the video to be posted, and the...more
Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more
In 2022, Alin Pop was scrolling through his Instagram feed, when he found influencers promoting Luli Fama swimwear. “Pop followed what he believed to be the honest advice of the influencers,” and purchased some products for...more
P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more
The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more
Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements....more
A wave of class action lawsuits targeting influencer marketing practices has emerged in the first half of 2025, signaling what could be a popular trend in consumer class action litigation. With demands for substantial...more
The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape...more