(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)
(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
Podcast - The FTC Cracks Down on Celebrity Endorsers
Hsu Untied interview with Brian Anderson, Partner at Sheppard Mullin
Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit: Part 2
Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit: Part 1
If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as...more
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
From world-famous celebrities to teens reviewing products on TikTok, influencers continue to shape consumer perceptions. Recent decisions from the National Advertising Division (NAD) have brought attention to the challenges...more
Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more
And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more
As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a...more
As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more
Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more
While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more
“Influencer marketing” generally involves collaborating with social media influencers to promote products or services in exchange for compensation, freebies, or other benefits. Contrary to popular belief, social media...more
The U.S. Federal Trade Commission (“FTC” or “the Commission”) maintains Guides Concerning Use of Endorsements and Testimonials in Advertising to “set forth the general principles that the Commission will use in evaluating...more
By Douglas A. Thompson and Sarah Richards1 Testimonials and endorsements, especially those by high-profile celebrities, sports figures, and influencers, can shine a significant spotlight on a company’s products and services....more
The Federal Trade Commission has proposed a new rule that would make it illegal to post fake reviews and testimonials, suppress negative reviews, or pay for positive reviews....more
This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more
The Federal Trade Commission (FTC) is proposing to update its Guides Concerning the Use of Endorsements and Testimonials in Advertising to address new marketing methods introduced since the Guides were last updated in 2009....more
Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more
A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more
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
A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more
Social media influencers have become the latest source of health information for many. This is especially true right now, amidst the ongoing and rapidly evolving COVID-19 pandemic....more
With social media popularity comes more followers. With more followers comes opportunities to market products online. But as the wellness-company Teami discovered, with online marketing comes increased FTC scrutiny. The...more
The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more