News & Analysis as of

Disclosure Requirements Influencers Enforcement Actions

BakerHostetler

NAD Provides More Guidance on Obligations with Influencers Who Are Gifted Free Product

BakerHostetler on

The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more

Oberheiden P.C.

Fake Online Reviews and Testimonials: 10 Key Considerations for Avoiding FTC Scrutiny

Oberheiden P.C. on

Finalized last year, the U.S. Federal Trade Commission’s (FTC) Final Rule on the Use of Consumer Reviews and Testimonials (the “Final Rule”) principally addresses the sale, purchase, and publication of fake online reviews and...more

Katten Muchin Rosenman LLP

Influencers Say the Darndest Things: National Advertising Division Targets Third-Party Marketing in Recent Decisions - Kattison...

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

Kelley Drye & Warren LLP

NAD Decision Focuses on Influencer, in Addition to the Brand

Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and...more

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

Fenwick & West LLP on

Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...more

BakerHostetler

Don’t Skim(p) on Disclosures

BakerHostetler on

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

Kilpatrick

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

Kilpatrick on

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

Dorsey & Whitney LLP

Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures

Dorsey & Whitney LLP on

For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll...more

Kelley Drye & Warren LLP

NAD Reviews More Influencer Posts

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

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

Saul Ewing LLP on

The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

ArentFox Schiff

NAD Monitoring Program Results in Decision on Influencer Marketing

ArentFox Schiff on

In a recent decision, the Better Business Bureau’s National Programs’ National Advertising Division (NAD) took issue with social media content posted by influencers engaged by Revolve Group, Inc. and recommended that the...more

Kelley Drye & Warren LLP

NAD Decision Addresses Gifting to Influencers

Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more

Mayer Brown Free Writings + Perspectives

Broker-Dealer Settles FINRA Charges for Failures Relating to Use of Social Media Influencer Program

On March 18, 2024, FINRA announced that it has fined a broker-dealer $850,000 in connection with the firm’s program to pay individuals with followings on social media sites (i.e., “influencers”) to promote the firm in social...more

Hogan Lovells

Clarification of social media laws #notanad

Hogan Lovells on

Recently, Ad Standards Australia (Ad Standards) found two social media influencers breached the Australian Association of National Advertisers Code of Ethics (the Code) in relation to their obligations to disclose paid...more

Arnall Golden Gregory LLP

FDA is (Once Again) Keeping Up with the Kardashians: A Cautionary Tale Involving Endorsements, Testimonials and Influencer...

In March, Khloe Kardashian unwittingly joined her sister, Kim Kardashian, as the subject of a Food and Drug Administration (FDA) Warning Letter relating to the reality star’s influencer-marketing activities. ...more

Oberheiden P.C.

Defending Against Securities Fraud Litigation Triggered by an SEC Investigation

Oberheiden P.C. on

For public and private companies in all industries, the risk of being targeted in a U.S. Securities and Exchange Commission (SEC) investigation is a very real concern. As new and innovative securities offerings continue to be...more

Brownstein Hyatt Farber Schreck

FTC and State AGs Continue Focus on Deceptive Social Media Marketing

Social media is ever present in the daily lives of the majority of Americans. It has also become one of the main advertising vehicles for companies in recent years. These advertisements and, more specifically, marketing via...more

Perkins Coie

Hot Ad Law Topics for 2020

Perkins Coie on

Resolve this new year to avoid advertising mistakes that could result in class actions, regulator enforcement, or competitor claims. Five advertising law takeaways for brand and legal teams to consider for 2020 follow....more

Fox Rothschild LLP

FTC Targets “Deceptive” Social Media Endorsements And Reviews

Fox Rothschild LLP on

In recent years, the FTC has ramped up efforts to deter deceptive marketing practices on social media and customer review websites by issuing guidelines that apply to marketers and influencers alike and instituting...more

Fenwick & West LLP

Deregulation is the New Buzzword in Washington — Except in the Tech Industry

Fenwick & West LLP on

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

Dorsey & Whitney LLP

Influencer Advertising: The SEC, Not Just The FTC, Could Be Watching

Dorsey & Whitney LLP on

Avid readers or this blog know that the FTC spends as much time on Instagram and other social platforms as your favorite millennial, but who knew that the SEC also spends it’s working hours perusing posts on popular social...more

Perkins Coie

Hot Ad Law Topics for the New Year

Perkins Coie on

Don’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches....more

Womble Bond Dickinson

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

Womble Bond Dickinson on

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

Dorsey & Whitney LLP

The FTC Throws Shade at Influencer Bruhs Who Failed to Disclose Material Connections

Dorsey & Whitney LLP on

We blogged last week about the FTC’s triple play against deceptive influencer advertising. In one prong of the initiative, the FTC announced that its staff had sent 21 follow-up warning letters to influencers, asking them to...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide