LegalZoom has a box on its website with the title “As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more
Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more
The Children’s Advertising Review Unit (or “CARU”) recently launched an investigation into the “Vlad and Niki” YouTube channel owned by CMG. The channel is described as a “global preschool phenomenon and highest rated kids...more
Smile Prep operates a website that provides reviews of clear aligners (or “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the...more
It’s a well-known principle (amongst those who practice in certain professions) that if you’re trying to make something sexy, you generally don’t want to reveal everything all at once. Instead, it can be better to reveal...more
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more
In October, we posted that California had enacted the Voluntary Carbon Market Disclosure Act (or “VCMDA”), a law that aims to force companies to more clearly disclose the basis for their carbon reduction claims. The VCMDA...more
Earlier this year, we examined how changes to the FTC’s Endorsement Guides might affect influencer campaigns and suggested that companies may want to monitor FTC actions in this area to see what types of conduct grab the...more
NAD recently issued a decision in a challenge that Bath & Body Works (or “B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more
In October, we posted about the FTC’s day-long workshop on “Protecting Kids from Stealth Advertising in Digital Media” and wondered what the FTC might be planning. Last week, we got an answer when the FTC released a “Staff...more
In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and...more
Yesterday, the FTC announced an $18.5 million settlement with Publishers Clearing House (PCH), a marketing company known for using sweepstakes to sell magazine subscriptions. In its 52-page complaint, the FTC alleges PCH used...more
Twilio advertises that its customer data platform is the “#1 CDP” and discloses that the claim is based on 2020 market share, as measured by the International Data Corporation. Adobe challenged the claim, arguing, in part,...more
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
When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but in order to give the...more
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we...more
The makers of Bravecto ran a TV ad comparing Bravecto and NexGard – both flea and tick prevention products – and starring one of the actors from Best in Show. The makers of NexGard challenged the ad before the NAD and the...more
Subscription services and other automatic renewals continue to be a hot topic, at both the federal and state levels. The FTC recently announced that it was going to increase its enforcement against companies that don’t comply...more
As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. Yesterday, NAD announced a new decision...more
Earlier today, the FTC issued a policy statement warning marketers against using “dark patterns” to trick or trap consumers into subscription services. The statement is primarily intended to assist marketers by providing...more
When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that’s where regulators have focused most of...more
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
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
Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that...more