News & Analysis as of

Endorsements Unfair or Deceptive Trade Practices Disclosure Requirements

Kilpatrick

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

Kilpatrick on

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

Pierce Atwood LLP

Revolve Faces $50M Class Action Alleging Undisclosed Influencer Relationships

Pierce Atwood LLP on

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

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

Buchalter on

On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

Shein Faces Class Action Over Influencer Posts

A recent class action asks how it’s possible that a Chinese company, with allegedly ​“no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more

Cozen O'Connor

Unpacking Dark Patterns

Cozen O'Connor on

“Dark patterns” have increasingly been the focus of legislative and regulatory scrutiny. Yet the phrase is never used in business. No business designs a website, mobile app, or business process with the instruction, “let’s...more

BakerHostetler

NAD Keeps It Real: Recommends Modification of Reality TV Ambassadors’ Posts to Clearly Disclose Material Connection to Clothing...

BakerHostetler on

The National Advertising Division (NAD) of the Better Business Bureau is just like us! They seem to watch “Love Island” and maybe even “Too Hot to Handle” (#blushing) if the latest news is any indicator....more

Venable LLP

FTC Contemplates Rule Aimed at Combating Deceptive Consumer Reviews

Venable LLP on

On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...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

Knobbe Martens

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of...

Knobbe Martens on

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 4, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

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

King & Spalding

FTC Revamps the “Guides Concerning the Use of Endorsements and Testimonials in Advertising”

King & Spalding on

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

Lerman Senter PLLC

FTC Updates Endorsement Guides and Strengthens Policies Against Fake and Manipulated Reviews

Lerman Senter PLLC on

The Federal Trade Commission has issued its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). Last updated in 2009, the significantly revised Endorsement Guides focus on...more

Troutman Pepper Locke

New FTC Endorsement Guides: What ‎Advertisers and Influencers Need to Know

Troutman Pepper Locke on

For the first time since 2009, the Federal Trade Commission (“FTC”) released changes to the FTC’s Endorsement Guides, which advise advertisers, brand ambassadors and endorsers (collectively, “endorsers”) on what practices may...more

Hogan Lovells

FTC publishes updated Endorsement Guides and proposed rule banning fake reviews

Hogan Lovells on

The U.S. Federal Trade Commission (FTC or the “Commission”) recently announced two actions aimed at strengthening regulation of online advertising. On June 29, 2023, the Commission released its updated Endorsement Guides (the...more

Verrill

Never Have I Ever

Verrill on

We’ve all at least once (and maybe only once) played the surprisingly revealing drinking game “Never Have I Ever”. You know, you go around the table with one person asking, “Never have I ever [fill in the blank]” with the...more

Venable LLP

FTC Finalizes Updated Endorsement and Testimonial Guides

Venable LLP on

Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more

Proskauer - Advertising Law

FTC Finalizes Updates to Endorsement Guides, Reflecting Increased Focus on Online Reviews and Social Media Marketing

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

BakerHostetler

AD-ttorneys@law - June 2023

BakerHostetler on

Anti-Junk-Fee Bandwagon Is Getting Crowded - Following a presidential call, Congress and the Golden State are looking to tame hidden charges - Return to Mayberry - We mentioned President Biden’s attack on junk...more

Lerman Senter PLLC

FTC Proposes to Strengthen Advertising Guidelines Against Fake and Manipulated Reviews

Lerman Senter PLLC on

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

BakerHostetler

All Eyes on Us - the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

BakerHostetler on

Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

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

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

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

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