News & Analysis as of

NAD Marketing Social Media

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

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

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

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

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

BakerHostetler

AD-ttorneys@law – November 2020 #2

BakerHostetler on

Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

IMC Releases Best Practices for Fraudspotting - Dig into the numbers, says industry watchdog - All-Star Game - Look, the Influencer Marketing Council sounds cooler than it actually is....more

Sheppard Mullin Richter & Hampton LLP

Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads

Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Foley Hoag LLP - Making Your Mark

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2016

NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more

Manatt, Phelps & Phillips, LLP

Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our...more

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