News & Analysis as of

Influencers FTC Endorsement Guidelines

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

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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

Kelley Drye & Warren LLP

Court Considers Vodka Influencers’ Posts

Two men – we’ll call them Mario and Alin – purchased Blue Ice Vodka based, in part, on social media posts in which various influencers suggested that the vodka was a ​“healthy product” that can help with personal fitness and...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

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

Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding...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

Kelley Drye & Warren LLP

NAD Decision Addresses Influencer Disclosures

Last week, NAD announced a decision involving a challenge that a competitor brought against Wonderbelly involving (among other things) an influencer campaign. Wonderbelly engaged a number of influencers to promote its...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

Hendershot Cowart P.C.

FTC Targeting Dietitians, Social Media Influencers Over Insufficient Disclosures

Hendershot Cowart P.C. on

The Federal Trade Commission (FTC) has been cracking down on social media influencers and dietitian creators related to endorsements and disclosures. It began last November, when the FTC sent warning letters to a dozen...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

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

Husch Blackwell LLP

Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers in 2024?

Husch Blackwell LLP on

In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more

Knobbe Martens

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

Knobbe Martens on

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

ArentFox Schiff on

Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

Kilpatrick

10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

Kilpatrick on

The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more

BakerHostetler

The View from the ANA Kids Table [ANA Children’s Advertising Recap]

BakerHostetler on

The Association of National Advertisers (ANA) Masters of Advertising Law Conference took place in sunny Orlando, Florida – aka The Happiest Place on Earth. And what a fitting location to discuss the flurry of activity in the...more

Moritt Hock & Hamroff LLP

Avoid The FTC’s Naughty List This Holiday Season: Recent Warning Letters Serve As Good Reminder On Conducting Influencer Campaigns...

With the holiday shopping season well under way, many companies have ramped up their influencer marketing campaigns. Want to avoid the Federal Trade Commission’s naughty list? Recent warning letters sent by the FTC to two...more

Cozen O'Connor

State AG Pulse | Influencers, Identify Yourselves, Says FTC

Cozen O'Connor on

Increasingly, influencers are being used by social media-savvy advertisers to encourage consumers to buy their products. And it works: these influencers have an outsized impact on what we buy. In this week’s podcast Meghan...more

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