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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

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

Fox Rothschild LLP

Annual Super Bowl Post

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My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement. This year, demand for ad space was “robust” with...more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Venable LLP on

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

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2023

Kelley Drye & Warren LLP on

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

Venable LLP

Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

Venable LLP on

This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens. The...more

Venable LLP

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

Venable LLP on

​​​​​​​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

Fox Rothschild LLP

Laws Regulating Advertising Targeted at Minors Apply Equally in Augmented and Virtual Reality

Fox Rothschild LLP on

The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as equally in...more

Foster Garvey PC

Sports & Entertainment Spotlight: Ye Is the Latest Musician to Forge a Collaboration With a Fast Food Restaurant, and Kim...

Foster Garvey PC on

I did not want to write this week. What more can I say other than what has already been said after yet another callous, atrocious, evil, and (perhaps worst of all) familiar mass shooting in this country? Since this is a...more

Foster Garvey PC

Sports & Entertainment Spotlight: College Athletes Use NIL Opportunities to Create Bidding War, and Power Couple Jay-Z and Beyoncé...

Foster Garvey PC on

Live from New York it’s…wait, that’s not right. Two weeks off, and I’ve forgotten how I open these…ah, yes… Welcome back (both to me and to you) to the “Spotlight.” I would love to be able to say that my batteries are fully...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

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

Morrison & Foerster LLP - Social Media

Innovative Social Media Marketing Cannot Overlook Old-Fashioned Compliance

Social media is all about innovation, so it is no surprise that social media marketers are always looking for innovative ways—such as courting social media “influencers” and using native advertising—to promote products and...more

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