The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more
7/19/2024
/ Advertising ,
Bars ,
CLRA ,
Consumer Protection Laws ,
Credit Cards ,
Disclosure Requirements ,
Exemptions ,
Fees ,
Goods or Services ,
Grocery Stores ,
Hidden Fees ,
New Guidance ,
New Legislation ,
Restaurant Industry
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
Understanding the intricacies of advertising law is a crucial part of getting your venture into the public eye while maintaining legal and ethical standards.
Drawing insights from advertising best practices and recent...more
1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive...more
10/20/2023
/ Advertising ,
Artificial Intelligence ,
Best Practices ,
Disclosure ,
Disclosure Requirements ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Risk Assessment ,
Risk Management ,
Transparency
On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more
7/26/2023
/ Advertising ,
Disclosure ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Online Reviews ,
Testimonial Statements
As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer...more
The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more
5/12/2022
/ Advertising ,
Consumer Litigation ,
Disclosure ,
False Advertising ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Influencers ,
Metaverse ,
Regulatory Standards ,
Risk Factors ,
Social Media
On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more
10/22/2021
/ Advertising ,
Brand ,
Compliance ,
Disclosure ,
E-Commerce ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
IP Litigation ,
Marketing ,
Notice of Violation ,
Testimonial Statements ,
Third-Party
The dominance of social media allows individuals, including athletes, musicians, artists, designers and other influencers to build their personal brand within the confines of a social media account and outside the umbrella of...more
In This Issue -
The Evolving Relationship Between Brands and Athletes: What Comes Next -
The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more
12/1/2020
/ Advertising ,
Appeals ,
Brand ,
Celebrity Endorsements ,
Copyright Infringement ,
Doctrine of Prosecution Disclaimer ,
EU ,
Fair Pay to Play Act ,
Governor Newsom ,
Indefiniteness ,
Influencers ,
Information Disclosure Statement ,
Online Endorsements ,
Patent Invalidity ,
Patents ,
SCOTUS ,
Section 102 ,
Self-Identification ,
Social Media ,
Sports ,
The Copyright Act ,
Trade Secrets ,
Trademarks ,
Videoconference ,
Virtual Meetings ,
Zoom®
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more
1/24/2020
/ Advertising ,
Analytics ,
Best Practices ,
Content Strategy ,
Contract Terms ,
Corporate Counsel ,
Data Privacy ,
Enforcement Authority ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Influencers ,
Marketing ,
Privacy Laws ,
Regulatory Standards ,
Social Media ,
Social Networks
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have become accustomed to, however, is deregulation across a wide variety of...more
1/22/2019
/ Advertising ,
Big Data ,
Connected Items ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Digital Media ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Influencers ,
Internet ,
Marketing ,
New Legislation ,
Online Advertisements ,
Personal Data ,
Privacy Laws ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Social Media ,
State Data Breach Notification Statutes ,
Technology Sector
Deregulation is the New Buzzword in Washington — Except in the Tech Industry -
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more
1/18/2019
/ Advertising ,
Automotive Industry ,
Champerty ,
Commercial Use ,
COPPA ,
Copyright ,
Defend Trade Secrets Act (DTSA) ,
Deregulation ,
Fair Use ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Intellectual Property Protection ,
Internet of Things ,
IP Litigation ,
Multidistrict Litigation ,
Patent Trial and Appeal Board ,
Popular ,
Real Party in Interest ,
Regulatory Agenda ,
Technology Sector ,
Trade Secrets ,
Trademarks ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)