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
In 2019, the FTC announced a settlement with a retailer over allegations that it had encouraged employees to write favorable reviews of its products without disclosing they worked for the company. Most observers weren’t...more
In January 2022, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it. In November 2022,...more
Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. (Or perhaps...more
Imagine a “vast scheme between a blockchain start-up company,” a “highly-connected Hollywood talent agent,” and a “front operation,” who all united “for the purpose of promoting and selling a suite of digital assets.” No,...more
In January, we reported that the Texas Attorney General had filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it....more
The FTC has made it a priority to combat fake and misleading reviews. For example, just this year alone, the FTC announced a settlement with a retailer over its failure to post negative reviews, announced a settlement with...more
Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed...more
The FTC and six states just announced that they had filed a lawsuit against Roomster – a platform through which people can find rooms and roommates – along with its owners, alleging that they had “inundated the internet with...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
Last week, Chelsea Handler filed a lawsuit against ThirdLove, alleging that the lingerie company failed to honor its contractual commitments to her and refused to compensate her for an advertising campaign it had hired her to...more
When a company uses an influencer or other person to endorse the company’s products, it’s important that endorsement reflects the endorser’s honest opinions, beliefs, or experiences with the products. Of course, in order for...more
As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively utilize...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
When we posted about a $9.3 million FTC settlement involving the Mail Order Rule, many people commented that they had never heard of that Rule, and wondered what else they might be missing....more
This morning, the FTC announced that Teami – a company that sells teas and skincare products – agreed to settle charges that it promoted its products using deceptive health claims and endorsements by influencers who failed to...more
When Casper launched in 2014, it set out to disrupt the mattress industry. Not only did they change the way mattresses were sold, the company changed the way mattresses were advertised. Among other things, Casper hired...more
Yesterday, the FTC released a new guide and video designed to help influencers understand when and how they should disclose the relationships they have to the brands they endorse. The guidance doesn’t break new ground, and...more
Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement....more
The Electronic Retailing Self-Regulation Program (or “ERSP”) recently announced a decision involving Alo Yoga’s influencer campaign. The decision centers around how the company’s influencers disclosed – or, in some cases,...more
Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org collected...more
Two companies and their principals have agreed to settle FTC allegations that they misled consumers by presenting paid endorsements as independent consumer reviews and ads as independent news stories....more
In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more
11/13/2017
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Instagram ,
Online Endorsements ,
Popular ,
Social Media
Over the past few months, we’ve witnessed a steady stream of sexual harassment scandals in Hollywood. Many companies are taking proactive approaches and cutting ties with the men who have been accused of wrongdoing. Our...more
Yesterday morning, the FTC announced that it had reached a settlement in its first-ever complaint against individual social media influencers and that it had sent warning letters to other prominent influencers. In addition,...more