The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social media advertising, including influencer...more
On January 25, 2021, President Joe Biden issued an Executive Order entitled “Ensuring the Future is Made in America by All of America’s Workers,” which directs a broad review and strengthening of governmental procurement and...more
5/14/2021
/ Advertising ,
Biden Administration ,
Country of Origin ,
Disclosure ,
Enforcement ,
Executive Orders ,
False Advertising ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Retailers
In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement...more
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
2/14/2020
/ Advertising ,
Celebrity Endorsements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Influencers ,
Native Advertising ,
Online Platforms ,
Regulatory Requirements ,
Social Networks ,
Targeted Digital Advertising
On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers” and a video “Do you endorse things on social media?” to alert influencers to the...more
11/8/2019
/ Advertising ,
Best Practices ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Live Streaming ,
Marketing ,
Online Endorsements ,
Online Videos ,
Photographs ,
Social Media
Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having...more
11/1/2019
/ Advertising ,
Consent Order ,
Cosmetics ,
Endorsements ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Online Reviews ,
Section 5 ,
Truth in Advertising
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
12/7/2018
/ Advertising ,
Athletes ,
Best Practices ,
Consent Order ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
Influencers ,
Internet Marketing ,
Misrepresentation ,
Native Advertising ,
Public Relations ,
Social Media
It is no secret that the world of fashion is full of surprises. On Monday, June 4, 2018, Kim Kardashian West won the Council of Fashion Designer of America (“CFDA”) first-time Influencer Award and commented: “I’m kind of...more
8/2/2018
/ Advertising ,
Celebrity Endorsements ,
Fashion Branding ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Instagram ,
Internet Marketing ,
Marketing ,
Modeling ,
Social Media
Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more
2/21/2018
/ Advertising ,
Advertising Standards Authority ,
Cosmetics ,
CVS ,
Digital Media ,
Federal Trade Commission (FTC) ,
France ,
Getty Images ,
Marketing ,
Misleading Impressions ,
Modeling ,
NAD ,
Photographs ,
Proposed Legislation ,
Retailers ,
Social Media ,
Target ,
Truth in Advertising ,
UK
In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety...more
On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are...more
In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most...more
As we previously reported last year, native advertisements represent an increasingly popular and effective means of promotion for marketers that also presents a major challenge for the Federal Trade Commission (“FTC”), an...more
Social media allows users to effortlessly communicate globally with nothing more than a few keystrokes. Advertisers have harnessed the power of social media bloggers and incorporated it as a key component of their...more
Since early 2014, the Federal Trade Commission has charged at least fourteen U.S. businesses in varying industries, from fashion to telecommunications, for falsely claiming to participate in the US – EU Safe Harbor privacy....more
L’Occitane Inc’s advertisements for its topically-applied body sculpting almond extracts seemed straightforward: “Almond Shaping Delight 3 out of 4 women saw firmer, lifted skin. This luxuriously lightweight massage gel...more
The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example,...more