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
Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I...more
In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining...more
Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...more
Earlier this month, the Federal Trade Commission (FTC) issued guidance in the form of FAQs on its recently finalized Rule on the Use of Consumer Reviews and Testimonials (the "Rule"), which Rule took effect on October 21,...more
The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more
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
In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more
On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...more
By Douglas A. Thompson and Sarah Richards1 Testimonials and endorsements, especially those by high-profile celebrities, sports figures, and influencers, can shine a significant spotlight on a company’s products and services....more
On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more
Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s...more
The Federal Trade Commission has issued its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). Last updated in 2009, the significantly revised Endorsement Guides focus on...more
The Federal Trade Commission has proposed a new rule that would make it illegal to post fake reviews and testimonials, suppress negative reviews, or pay for positive reviews....more
On June 29, 2023, the Federal Trade Commission (FTC) announced its much anticipated and long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides, which...more
The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more
We’ve all at least once (and maybe only once) played the surprisingly revealing drinking game “Never Have I Ever”. You know, you go around the table with one person asking, “Never have I ever [fill in the blank]” with the...more
Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more
On Monday the U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax’s digital tokens, “EMAX tokens,” on...more
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more
Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more
The recent complaint highlights the importance of clearly and conspicuously disclosing material connections between advertisers and paid influencers, including in social media posts or in native ads. ...more
The FTC recently released a new version of its Q&As on the Endorsement Guides. The old Q&As, released in 2010, were about seven pages long. The new ones just about double that. The revisions and additions reflect many of the...more
In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more