News & Analysis as of

Brand Endorsements

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

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The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Loeb & Loeb LLP

The Business Case for Disclosure of Brand Partnerships by Influencers

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The National Advertising Division of BBB National Programs recently released a report that influencers, creators and those who work with them may find particularly relevant regarding disclosure of brand sponsorships:...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Venable LLP

[Webinar] #BadForTheBrand: What to Do When Your Influencer Goes Rogue - March 27th, 2:00 pm - 3:00 pm ET

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When working with influencers, companies can do everything right, from drafting an influencer agreement to creating a stellar marketing plan. All elements of the ideal campaign are in place. But when you tune in to see the...more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Weintraub Tobin

The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit

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How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While...more

Weintraub Tobin

The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)

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How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

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Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

K2 Integrity

Mitigating The Risks Of Introducing Name, Image, And Likeness Rights In College Athletics

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In the world of college athletics, the introduction of name, image, and likeness (NIL) rights on 1 July 2021 revolutionized the landscape for student-athletes, presenting new challenges and opportunities for student-athletes....more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part II

Ward and Smith, P.A. on

The first article in this series explained the requirements under the FTC's current Endorsement Guides that athletes must have "clear and conspicuous" disclosures to endorse a product or promote a business.  But what...more

Perkins Coie

New Year’s Resolutions for Successful Brand Partnerships in 2023

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As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more

DarrowEverett LLP

What’s Worse: The Pain or the Hangover? Brand Endorsements in the Fallout of Yeezy

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“And I heard ‘em say, ‘nothin’ ever promised tomorrow today”; that is, unless, that promise was memorialized into a properly drafted and negotiated brand licensing agreement. Brand licensing agreements are essential for...more

Greenberg Glusker LLP

Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit:...

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In Part 2 of a two-part series, The Grass is Always Greenberg features another excerpt from the 2022 Cannalaw Summit: Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry. Priya Sopori and Alexa...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

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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

BakerHostetler

Thoughts on Working with B2B Influencer

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There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more

Jackson Walker

Avoiding Fashion Faux Pas: Factors to Consider When Drafting Agreements for Fashion Companies

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In order to properly run a successful business and create a solid brand, fashion companies need to enter into many agreements that span the areas of corporate, real estate, and intellectual property. This article provides...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

Foster Garvey PC

Sports & Entertainment Spotlight: Celebrity-Backed Cannabis Brands Show Varying Degrees of Success, and the NFL and St. Louis,...

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Welcome back to the “Spotlight”! After taking a week long hiatus for Thanksgiving, I feel like a modern day Rip Van Winkle awaking from a tryptophan-induced coma to find myself in a world in which “All I Want for Christmas”...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more

Fenwick & West LLP

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

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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

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