On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5-0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of...more
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
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
On March 15, 2016, the Federal Trade Commission (FTC) announced a settlement with department store Lord & Taylor ("L&T") relating to native advertising for its Design Lab collection of clothing in various online materials,...more
“Tweet,” “share,” pin,” and “like.” If you spend any amount of time exploring the social media universe, these are the buzzwords that you are certain to encounter along the way. To the digital marketer, these words translate...more
Recent efforts by the Federal Trade Commission (“FTC”) to regulate the use of native advertisements — a popular and growing advertising tool– have resulted in the first enforcement action. On March 15, 2016, the FTC settled...more
The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more
Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more
—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more
Understanding the Once And Future Native Advertising - What is “Native Advertising”? The definition of “native advertising”, or simply “native”, is admittedly an elusive one. There are many definitions put forth...more