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Venable LLP

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more

BakerHostetler

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

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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

BakerHostetler

NAD’s SWIFT Disclosure Track Commands Respect at a Bargain

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NAD has amended its SWIFT track processes and procedures multiple times since its inception in an effort to make sure the process is fair yet efficient. While it met with some nontrivial resistance from industry at its...more

Lowenstein Sandler LLP

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule...

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On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

BakerHostetler

California’s SB 1524 Seeks to Exempt Restaurants from Forthcoming Hidden Fee Ban

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On July 1, California Senate Bill 478 (SB 478) will take effect. Enacted to augment the Consumer Legal Remedies Act’s ban on certain deceptive advertising practices, this measure seeks to address the growing prevalence of...more

Pillsbury Winthrop Shaw Pittman LLP

With Federal Efforts Stalled, States Take the Lead in Regulating the Use of Artificial Intelligence in Political Advertising

In the two months since we published our article on the use of artificial intelligence in political advertising, efforts to legislate and regulate the use of such media at the federal level in Congress and at the Federal...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

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Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2023

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

ArentFox Schiff

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

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Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - February 2023

In this issue, we cover regulatory developments impacting the investment management sector, including updates on closed-end fund activism and various new and revised SEC rules....more

Brownstein Hyatt Farber Schreck

FTC Issues New Guidelines for Social Media Influencers, Brands

By the end of 2019, social media advertising spend exceeded print advertising spend for the first time, according to projections issued by the Zenith media agency. In late 2019, Facebook reported that over 140 million...more

Perkins Coie

I Am Robot: California’s New Law Requires Disclosure of Use of Bots

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Businesses that use chatbots to interact with customers online may be affected by California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), that goes into effect July 1, 2019. As the nation’s first...more

Neal, Gerber & Eisenberg LLP

Client Alert: Celebrities and Influencers Remain Regulator Targets

The British government agency that regulates advertising, the Competition and Markets Authority (“CMA”), recently sent a wave of warning letters to British celebrities and other social media influencers, including Rita Ora,...more

Hogan Lovells

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

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Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Kelley Drye & Warren LLP

Instagram Expands its Influencer Tool, but is it Enough?

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In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more

Pillsbury - Internet & Social Media Law Blog

Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as...more

Sheppard Mullin Richter & Hampton LLP

Using Hashtag #Disclosures in Social Media Advertising

The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered...more

Goulston & Storrs PC

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

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How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

Holland & Knight LLP

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

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Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Ballard Spahr LLP

To (Dis)Close for Comfort–FTC Workshop Seeks Effective Consumer Disclosures

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A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more

Neal, Gerber & Eisenberg LLP

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Akerman LLP

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Its Formatting

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Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

Kelley Drye & Warren LLP

FTC Announces Settlement Over Influencer Campaign for Xbox One

In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted...more

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