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FTC Endorsement Guidelines Marketing

BCLP

Part 3: What the FTC’s Final Rule Means for Incentivized Reviews

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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

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

Epstein Becker & Green on

On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Brownstein Hyatt Farber Schreck

FTC Finalizes Rule to Combat Deceptive Online Reviews

On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews...more

Morgan Lewis

FTC Issues Final Rule on Consumer Reviews and Testimonials

Morgan Lewis on

Earlier this month, the Federal Trade Commission (FTC or Commission) published a final rule prohibiting certain specified unfair or deceptive acts or practices involving consumer reviews and testimonials. Effective October...more

Wilson Sonsini Goodrich & Rosati

FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials

On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional...more

BakerHostetler

[Podcast] AD Nauseam: The AD Legend Series – Featuring Mary Engle

BakerHostetler on

On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Holland & Knight LLP

The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more

Kelley Drye & Warren LLP

FTC Staff’s Revised MLM Guidance—More Content, Less Clarity

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1

Weintraub Tobin on

Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)

Weintraub Tobin on

Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from...more

Kilpatrick

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

Kilpatrick on

A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote...more

Venable LLP

Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements

Venable LLP on

Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode....more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

Foley & Lardner LLP on

Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...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

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

BakerHostetler on

Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Ward and Smith, P.A. on

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

McDermott Will & Emery on

In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more

Weintraub Tobin

(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising

Weintraub Tobin on

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing...more

Weintraub Tobin

The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising

Weintraub Tobin on

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing...more

Manatt, Phelps & Phillips, LLP

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

BakerHostetler

AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many

BakerHostetler on

On today’s episode of AD Nauseam, Amy and Daniel talk about how the revised Testimonial and Endorsement Guides are raising some new issues that marketers and agencies need to consider, some of which reflect a shift in common...more

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