The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more
6/11/2025
/ Algorithms ,
Artificial Intelligence ,
Enforcement Priorities ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
ROSCA ,
Section 5 ,
Technology Sector ,
Unfair or Deceptive Trade Practices
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to...more
The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more
8/20/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
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
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes a Look at Blurred Advertising to Children," consumer protection attorney Anthony DiResta analyzes a new Federal Trade Commission (FTC) staff paper...more
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade...more
The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more
6/13/2023
/ Advertising ,
Business Opportunity Laws ,
Celebrity Endorsements ,
Consumer Privacy Rights ,
Endorsements ,
Enforcement Actions ,
Exploitation ,
False Statements ,
Federal Trade Commission (FTC) ,
Fraud ,
Marketing ,
Material Misstatements ,
Misrepresentation ,
Real Estate Investments ,
Settlement ,
Training ,
Unfair or Deceptive Trade Practices
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.
This Holland & Knight alert...more
4/19/2023
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Contests & Promotions ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Labeling ,
Made in the USA ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Policies and Procedures ,
Risk Management ,
Social Media ,
Sweepstakes ,
Testimonial Statements
In the fourth episode of his "Clearly Conspicuous" podcast series, "How to Comply with FTC's Guidance for Healthcare Companies," consumer protection attorney Anthony DiResta takes a look at the Federal Trade Commission's...more
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
1/27/2023
/ Advertising ,
Compliance ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Marketing ,
New Guidance ,
Popular ,
Product Labels ,
Supply Chain ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more
6/16/2022
/ Advertising ,
Brand ,
Civil Liability ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Liability ,
Marketing ,
Online Endorsements ,
Proposed Amendments ,
Social Media ,
Testimonial Statements
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021. Ostheimer has been with the FTC for three decades, currently serving as a...more
2/24/2021
/ Advertising ,
Advertising to Minors ,
Biden Administration ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Personal Information ,
Risk Management ,
Social Media ,
Standard of Review ,
Technology Sector ,
User-Generated Content
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
11/4/2019
/ Advertising ,
Disclosure Requirements ,
Enforcement ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
Influencers ,
Instagram ,
Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Standards ,
Social Media ,
Social Media Policy ,
Social Networks ,
Twitter ,
YouTube