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Influencers

Katten Muchin Rosenman LLP

Are You Using 'Finfluencers': Practical Guidance for CFTC-Registered Derivatives Intermediaries and Exchanges

Retail participation in futures, forex and swaps has accelerated markedly in recent years, propelled by low-cost access, mobile platforms and growing interest in crypto-referenced instruments, event contracts and micro-sized...more

Kelley Drye & Warren LLP

CARU Releases a Risk Matrix for Using Generative AI with Kids

The Children’s Advertising Review Unit (or ​“CARU”) recently released Generative AI & Kids: A Risk Matrix for Brands & Policymakers, a framework to help companies that market to children mitigate potential risks related to...more

Poston Communications

PR: Key Insights from Muck Rack’s 2025 State of PR: AI, Earned Media and What’s Next

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As public relations professionals navigate an increasingly complex media landscape while preparing for upcoming budget cycles, Muck Rack’s 2025 State of PR report provides critical insights into the industry’s current...more

Womble Bond Dickinson

Marketing Holistic Health on Social Media? Here’s Why the FDA Might Come Knocking

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Social media has rapidly transformed the landscape of health and wellness marketing. Social media platforms are now central to how consumers discover and engage with products ranging from dietary supplements and CBD oils to...more

Loeb & Loeb LLP

What is "Clipping" and How is it Changing Social Media?

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A variety of new platforms have emerged offering “clipping” services for brands, podcasters and other content creators. These platforms allow social media users to earn money by joining campaigns that invite them to take...more

Dorsey & Whitney LLP

Creator Earns Commission on TikTok: New Guidance on Effective Influencer Disclosures

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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

Kelley Drye & Warren LLP

Logan Paul’s Company Picks a Fight with Lionel Messi

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After last November’s boxing match between Mike Tyson and Jake Paul, Logan Paul (Jake’s brother) suggested he could beat Mike Tyson in a fight. So far, Logan hasn’t picked a fight with Iron Mike, but his company has picked a...more

Kohrman Jackson & Krantz LLP

Content Creation and You: What to Do When Someone Steals Your Content

In this digital age, content creators rely on their original works to build audiences and generate income. Platforms like Twitch, YouTube, OnlyFans and others empower creators to connect directly with audiences. But with...more

Arnall Golden Gregory LLP

The Pitch - September 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

McGuireWoods Consulting

Facebook Groups & The Unseen Network

The town square is not only online, but often out of sight. Facebook Groups often operate as an unseen network filled with public conversation about policy, developments and message narratives....more

Morgan Lewis - As Prescribed

Marketing Medical Devices: Navigating Increased FDA Scrutiny

With the US Food and Drug Administration’s (FDA) September 9, 2025 announcement that it will increase its enforcement of the Federal Food, Drug, and Cosmetics Act (FFDCA), its rules governing direct-to-consumer (DTC)...more

Kilpatrick

Reflections on the 2025 NAD Advertising Law Conference

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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

Thomas Fox - Compliance Evangelist

Creativity and Compliance - Using Creativity to Market Compliance

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on the award-winning...more

Loeb & Loeb LLP

Snapshots from the NAD Conference

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Last week in Washington, D.C., the BBB National Programs wrapped up another successful NAD conference. The conference, as usual, provided a rich and unique experience for attendees, including updates from the Federal Trade...more

Kelley Drye & Warren LLP

MrBeast Serves up a Feast of Issues for CARU

Last week, the Children’s Advertising Review Unit (or ​“CARU”) announced a decision involving MrBeastYouTube and its affiliate Feastables. The decision covers a range of issues that frequently come up for companies that...more

Morrison & Foerster LLP

Digital Avatars Deep Dive Series: Navigating the Legal and Regulatory Landscape in 2025

In 2025, digital avatars are no longer a novelty—they are fast becoming central to commerce and entertainment. From digital replicas of real individuals to AI-generated personalities, companies are rapidly finding ways to...more

Venable LLP

National Advertising Division 2025 Annual Conference: Highlights and Takeaways

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This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims....more

BakerHostetler

Teens, Trends and Truth in Advertising: Highlights from the NAD Conference

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Washington, D.C., was buzzing this week with the sharp insights of advertising law pros at the National Advertising Division (NAD) annual conference. A major discussion point was the role teens are playing in the marketing...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Right of Publicity: Protecting Your Name, Image, and Likeness in Washington State

If you use names, images, or likenesses in your business, whether for advertising, endorsements, or creative projects, it is essential you understand Washington’s right of publicity laws. Here is what you need to know about...more

Loeb & Loeb LLP

FDA's Direct-to-Consumer Advertising "Crackdown": Impacts to Brands, Agencies and Influencers

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he Food and Drug Administration (FDA) issued a press release on Sept. 9 announcing a “crackdown” on direct-to-consumer (DTC) pharmaceutical advertising and promising “sweeping reforms" in line with President Trump's same-day...more

McGuireWoods LLP

As FDA Cracks Down on Direct-to-Consumer and Social Media Ads, Pharma Companies Should Prepare

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On Sept. 9, 2025, the U.S. Department of Health and Human Services and the Food and Drug Administration jointly announced a crackdown on deceptive direct-to-consumer (DTC) pharmaceutical advertising, including promotion...more

Morgan Lewis - As Prescribed

FDA Announces Crackdown on DTC Advertising: What It Means for Pharma and What Comes Next

The White House issued a memorandum on September 9, 2025 directing the secretary of the US Department of Health and Human Services (HHS) and the commissioner of the US Food and Drug Administration (FDA) to significantly...more

Venable LLP

Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement Actions

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President Trump has signed a presidential memorandum, “Addressing Misleading Direct-To-Consumer Prescription Drug Advertisements.” ...more

Sheppard Mullin Richter & Hampton LLP

FDA’s Vast Ad/Promo Warning – Enforcement Ramp-Up or PR Nothingburger?

Late Tuesday, FDA issued a press release warning that it would be sending “thousands of letters warning pharmaceutical companies to remove misleading ads and issue approximately 100 cease-and-desist letters to companies with...more

Cooley LLP

MAHA Targets Social Media in Push for Tighter Controls Over Direct-to-Consumer Pharmaceutical Advertising

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The Make America Healthy Again (MAHA) Commission released the Make Our Children Healthy Again Strategy (MAHA Strategy) this week. The MAHA Strategy, a cornerstone of the MAHA movement championed by Secretary of Health and...more

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