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Endorsements Federal Trade Commission (FTC) Social Media

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

Weintraub Tobin

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

Weintraub Tobin on

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

Pierce Atwood LLP

Revolve Faces $50M Class Action Alleging Undisclosed Influencer Relationships

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Social media influencing is an estimated $30 billion annual global industry, with brands increasingly electing to partner with influencers over traditional marketing channels. But, while social media and influencer...more

Kelley Drye & Warren LLP

Lawsuit Turns the Heat up on Celsius Influencer Campaign

Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more

Kelley Drye & Warren LLP

NAD Holds Celebrity Social Media Posts Need Disclosures

Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote ​“when a significant minority of the audience for an endorsement does not...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

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While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Kohrman Jackson & Krantz LLP

FTC’s “Fake Review” Portal is Live: How Businesses Can Remove Fake Reviews

Once reviews are identified, a company can take steps to remove them. Generally, reviews can be removed in one of three ways: reporting the review to the FTC, reporting the review to the hosting platform, and pursuing legal...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

Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

Weintraub Tobin

(Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

Weintraub Tobin on

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of...more

Weintraub Tobin

The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

Weintraub Tobin on

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of...more

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

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On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Morrison & Foerster LLP - Social Media

Social Links: Recent Developments In The Law And Business Of Social Media

The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms,...more

Holland & Knight LLP

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

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The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more

Shipkevich PLLC

New Rule Issued by FTC Focuses on Fake and AI-Generated Reviews, Imposes Heavy Civil Penalties

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The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...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

Hudson Cook, LLP

The FTC's New Teeth to Bite Bogus Consumer Review Blurbs

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The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more

Venable LLP

FTC Fines Car Companies $10 Million Calling Out Influencers and Endorsers

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This summer the Federal Trade Commission (FTC) has turned up the heat on two companies that provide extended car repair coverage, CarShield and American Auto Shields, for deceptive and misleading advertising and telemarketing...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Holland & Knight LLP

The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

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

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Venable LLP

Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

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Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding...more

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

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Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

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