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FTC Endorsement Guidelines

BakerHostetler

The Future’s So Bright, I Gotta Wear BluBlockers - A Walk Through Advertising History

BakerHostetler on

The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more

Brownstein Hyatt Farber Schreck

FTC Cracks Down on 'Disappearing Product Reviews'

In its first case challenging a company’s failure to post negative reviews on its website as a deceptive practice, the Federal Trade Commission (FTC) announced a proposed settlement with fast-fashion retailer Fashion Nova,...more

Wilson Sonsini Goodrich & Rosati

Rules of the Road for Advertisers and Marketers: The Basics

As the United States cautiously emerges from the depths of the pandemic, researchers are forecasting double-digit gains in ad spending for 2022. If you're part of the wave of companies developing new advertising campaigns,...more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

Proskauer - Advertising Law

On Notice: Unsubstantiated or Unrepresentative Testimonials

Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more

Kelley Drye & Warren LLP

Where to Find More Info on the FTC’s Top Rules for 2022

Kelley Drye & Warren LLP on

Last week, Jessica Rich wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most...more

Proskauer - Advertising Law

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

Manatt, Phelps & Phillips, LLP

NAD Straightens Disclosures for Incentivized Consumer Reviews of Aligner Products

In its latest decision regarding incentivized consumer reviews, the National Advertising Division of BBB National Programs ruled that a general disclosure is not sufficient to disclose incentivized consumer reviews on a...more

Hudson Cook, LLP

FTC Puts Businesses on Notice (Again) About Fake Reviews and Other Misleading Endorsements

Hudson Cook, LLP on

The Federal Trade Commission sounds like a broken record. We have repeatedly written about the trouble misleading endorsements and testimonials can cause. Endorsements, testimonials, and social media influencers currently sit...more

Thompson Coburn LLP

FTC warns of penalties for false endorsements

Thompson Coburn LLP on

As social media has been “blurring the lines,” the Federal Trade Commission decided to make one thing starkly clear: false endorsements, even through well-meaning consumer testimonials, are illegal. The FTC sent out a...more

Proskauer - Advertising Law

On Notice: Misattributed, False, or Mischaracterized Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed, mischaracterized, and fabricated endorsements – practices that the FTC highlighted...more

Fenwick & West LLP

FTC Warns Companies Offering Subscription Services to Avoid Using “Dark Patterns”

Fenwick & West LLP on

On October 28, 2021, the Federal Trade Commission issued a new Enforcement Policy Statement (the Statement) warning companies against using “dark patterns” in negative option marketing. “Dark patterns” is a broad term that...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more

BakerHostetler

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

BakerHostetler on

The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or...more

Troutman Pepper

FTC Puts Everyone on Notice Over Deceptive Endorsements

Troutman Pepper on

On October 13, the Federal Trade Commission (FTC) issued over 700 “Notice of Penalty Offenses” to a broad swath of businesses, warning them that using endorsements that deceive customers could result in significant civil...more

Proskauer - Advertising Law

On Notice: Procedural Overview of the FTC’s Section 5 Penalty Offense Authority

As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use...more

Weiner Brodsky Kider PC

FTC Reminds Businesses: Deceptive Endorsements Are Illegal

Weiner Brodsky Kider PC on

The FTC recently sent notices to more than 700 consumer products companies, retailers, and ad agencies to remind them that using fake or deceptive endorsements or testimonials, including customer reviews, is a deceptive and...more

Faegre Drinker Biddle & Reath LLP

FTC Revives Penalty Offense Authority to Issue Notices Concerning Endorsements and Money-Making Opportunities

In October 2021, the FTC sent three different Notices of Penalty Offenses to almost 2,000 companies, cautioning them against engaging in deceptive and unfair practices in the educational marketplace; endorsements,...more

Hogan Lovells

FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

Hogan Lovells on

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,...more

Manatt, Phelps & Phillips, LLP

FTC Puts Advertisers and Agencies on Notice for Fake Online Reviews and Other Deceptive Endorsements

The Notice was sent within a week of another notice to 70 for-profit higher education institutions, which focused on “false promises they make about graduates’ job and earnings prospects and other outcomes.”...more

Kilpatrick Townsend & Stockton LLP

FTC Issues Notice of Penalty Offenses to Over 700 Companies Warning of Steep Penalties for Deceptive Endorsements

The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13,...more

Hogan Lovells

FTC Issues Preemptive Notices of Penalty Offenses to Advertisers

Hogan Lovells on

On October 13 the US Federal Trade Commission (FTC) sent “Notice of Penalty Offenses” to more than 700 large retailers, advertisers and consumer product companies describing endorsement practices that the FTC has found...more

Ervin Cohen & Jessup LLP

FTC Sends Notice of Penalty About False Endorsements

Ervin Cohen & Jessup LLP on

On October 13, 2021, the Federal Trade Commission (“FTC”) circulated a Notice of Penalty Offenses (“Notice”) to over 700 companies. These companies included as recipients of the Notice are large companies, advertising...more

Bryan Cave Leighton Paisner

The FTC Steps Up its Game on Endorsement Enforcement

As noted in this press release issued earlier this week, the Federal Trade Commission (“FTC”) has sent a Notice of Penalty Offenses to over 700 companies, in which the FTC cites a handful of past cases it has successfully...more

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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