News & Analysis as of

FTC Endorsement Guidelines Enforcement Actions Marketing

Kelley Drye & Warren LLP

NAD Decision Focuses on Influencer, in Addition to the Brand

Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and...more

BakerHostetler

Don’t Skim(p) on Disclosures

BakerHostetler on

And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more

Kilpatrick

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

Kilpatrick on

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

Kelley Drye & Warren LLP

NAD Reviews More Influencer Posts

As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a...more

Kelley Drye & Warren LLP

NAD Decision Addresses Gifting to Influencers

Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more

Venable LLP

Foul! SEC Faults Investment Adviser for Inadequate Disclosures on Professional Athlete Endorsements

Venable LLP on

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

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Holland & Knight LLP on

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

Kilpatrick on

Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...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

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

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

Perkins Coie

Hot Ad Law Topics for 2020

Perkins Coie on

Resolve this new year to avoid advertising mistakes that could result in class actions, regulator enforcement, or competitor claims. Five advertising law takeaways for brand and legal teams to consider for 2020 follow....more

Hudson Cook, LLP

Online Reviews Become a Focus of the FTC

Hudson Cook, LLP on

Who doesn't love an online review? My family rarely buys anything of consequence without checking the reviews first. Online reviews allow us to get the skinny on anything and everything. In fact, my husband even reads reviews...more

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Advertising & Social Media

Neal Gerber Eisenberg and Wolters Kluwer have teamed up to bring you NGE IP Focus, a quarterly newsletter dedicated to intellectual property-related legal decisions. In this issue, we focus on advertising and social media,...more

Morrison & Foerster LLP - Class Dismissed

Bad Influence: Complying with FTC’s Endorsement Guide

Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing...more

Perkins Coie

Hot Ad Law Topics for the New Year

Perkins Coie on

Don’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches....more

Knobbe Martens

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

Knobbe Martens on

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

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