Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more
The North Face started an avalanche of controversy when it inserted the brand into Wikipedia entries about well-known mountain peaks to improve the company’s search engine results. The company’s agency in Brazil, Leo...more
On November 20, 2018, the United States Federal Trade Commission (“FTC”) proposed two FTC consent orders against two Georgia-based companies, Creaxion Corporation (“Creaxion”) and Inside Publications, LLC (“Inside”) and their...more
The Federal Trade Commission recently released a Staff Report regarding consumer recognition of native and search advertising entitled “Blurred Lines”, summarizing its findings from its self-styled “exploratory research”....more
The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the...more
Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands....more
In July of 2015, I wrote about the New FTC Guidelines for Promoting Products on Social Media. I discussed the FTC’s rationale, concerns and stance on using social media to advertise and promote products. At the time, when the...more
The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. ...more
Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more
A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more
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
Late last week, the International Consumer Protection and Enforcement Network (“ICPEN”) published three sets of guidelines covering online reviews and endorsements. Why does this matter? ICPEN is an informal network of...more
Following on the heels of the FTC’s March 2016 settlement with Lord & Taylor concerning a deceptive native advertising campaign, the FTC just announced that it has reached a settlement with SmartClick Media LLC over its phony...more
New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite...more
Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more
Two recent cases by the Federal Trade Commission (“FTC”) demonstrate its position that paid endorsements in social media must be disclosed. These cases reinforce the FTC’s stance on transparency in native advertising, which...more
Digital advertisers innovate new techniques to reach customers at a speed that, for the most part, outstrips the ability of the US government to regulate. Every now and then, however, the Government lurches forward to provide...more
As was widely reported, the Federal Trade Commission entered into a settlement in March with Lord & Taylor over charges that the retailer allegedly deceived consumers through a native advertising campaign run on Instagram and...more
The potential pitfalls of native advertising were on display this month at the Federal Trade Commission (FTC). The agency reported that national retailer Lord & Taylor settled with it on charges that the company improperly...more
The recent complaint highlights the importance of clearly and conspicuously disclosing material connections between advertisers and paid influencers, including in social media posts or in native ads. ...more
At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more
Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers. Particularly with the growing use of ad blockers on web and mobile browsers, marketers...more
The Federal Trade Commission (FTC) released two highly anticipated documents regarding "native" advertising, namely, its Enforcement Policy Statement on Deceptively Formatted Advertisements and Native Advertising: A Guide for...more
Last week, the FTC issued its long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements, often referred to as “native advertising.” For those unfamiliar with the term, the FTC helpfully explains that...more