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NAD Influencers Advertising

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Shook, Hardy & Bacon L.L.P.

NAD Finds Fenty Skin Cleanser Claims Supported, Recommends Changes for Influencer Disclosures

The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more

BakerHostetler

Matching Your Demo to Your Real-Life Testing Proves to Be a Rough Workout at NAD

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Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing...more

Kelley Drye & Warren LLP

NAD Recommends More Prominent Disclosures on Influencer Posts

Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how...more

Kelley Drye & Warren LLP

NAD Decision Addresses Expert Recommendations

Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law Access, we are known just as much for the naturally youthful appearance of our writers as we are known for the quality of our content, so we don’t have any personal...more

Kilpatrick

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

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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

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

Kelley Drye & Warren LLP

When a ​“Sponsored” Disclosure May not be Enough

NAD recently reviewed posts promoting Cariuma sneakers that appeared on the Facebook and Instagram accounts of Travel + Leisure, US Weekly, and The Quality Edit. The posts claimed that various celebrities wore the sneakers,...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

BakerHostetler

AD-ttorneys@law - June 2023 #2

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Don’t Look Dumb, Dude; You Sound Dumb - Is this one of those pyramid things? Hell, yeah, it is. If it wasn’t, I wouldn’t be doing it. Do I look dumb enough to go get a job again? Well... According to a recent...more

Kelley Drye & Warren LLP

NAD Takes Strict Position on Employee “Endorsements”

In 2019, the FTC announced a settlement with a retailer over allegations that it had encouraged employees to write favorable reviews of its products without disclosing they worked for the company. Most observers weren’t...more

Perkins Coie

Keep Your New Year Happy and Bright With These Ad Law Tips

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Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more

BakerHostetler

AD-ttorneys@law - December 2022 #2

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20 Years Later, TTB Agrees to Revisit Alcohol Labeling - Watchdogs claim a win, but are they being set up for a wait? Again? Anticipation - When last we left the doughty heroes of the Center for Science in the...more

Venable LLP

Event in Review: 9th Annual Advertising Law Symposium

Venable LLP on

On September 16, Venable’s Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in...more

Kelley Drye & Warren LLP

NAD Addresses Disclosure Requirements for Paid Studies

Liberty Mobile Puerto Rico advertised that it has the “best network” and the “best coverage” in Puerto Rico and disclosed that the claims were based on an “independent study” conducted by Global Wireless Solutions (or “GWS”)....more

Kilpatrick

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

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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

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

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As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

Manatt, Phelps & Phillips, LLP

NAD Finds That Emojis Can Be Claims

In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more

Kelley Drye & Warren LLP

NAD Releases Tips for Influencer Marketing

This week, NAD released five tips on influencer marketing. Here are the tips, followed by some of our own observations. 1. When working with influencers or incentivizing consumers to review your product, you may be...more

Manatt, Phelps & Phillips, LLP

NAD Brings New Kind of Dance ‘Challenge’: TikTok Video-Sharing Tools May Create Liability for Brands

While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) case sheds some light on best practices when engaging influencers to create...more

Kelley Drye & Warren LLP

NAD Addresses Disclosures on Influencer TikTok Videos

In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In...more

BakerHostetler

AD-ttorneys@law - February 2020 #2

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Solar Panel Review Is Another Mixed Ruling From NAD - Sunrun’s comparative savings claim, at least, is set on fire - Bright Lights - The country’s leading installer of residential rooftop solar panels – media darling...more

BakerHostetler

AD-ttorneys@law

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‘King of R&B’ Jacquees Sued for Failure to Promote - NJ-based promoter alleges $100K in damages after show gets cancelled - That’s New to Us! One of the perks of putting together advertising news is covering...more

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