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Endorsements Unfair or Deceptive Trade Practices Social Media

Kilpatrick

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

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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

Fenwick & West LLP

Are You Monitoring Your Influencers? Huda Beauty's NAD Case Is a Reminder

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The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...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

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Shipkevich PLLC on

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

Hudson Cook, LLP

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

Hudson Cook, LLP on

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

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

BakerHostetler on

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

Knobbe Martens

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

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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)

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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

Cozen O'Connor

FTC Doesn’t Sugarcoat Warning Letters to Social Media Influencers, Trade Associations

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The FTC sent warning letters to two trade associations and twelve online health influencers warning them that they may have violated the FTC Act by failing to adequately disclose payments for social media posts promoting the...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

Epstein Becker & Green

Influencers, Brand Ambassadors and Marketers Take Note – FTC Has Finalized Updates to Its Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

Epstein Becker & Green

The FTC Finalizes Changes to Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...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

Benesch

Endorsement Enforcement: FTC Updates Endorsement Guides and Proposes Rule that Would Impose Penalties Up to $50k Per Violation

Benesch on

When it comes to regulating endorsements, testimonials, and reviews, the FTC has made clear—many times over—that it does not intend to take its foot off the gas anytime soon. In the most recent, and significant, reminder of...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

Ervin Cohen & Jessup LLP

FTC Proposes Ban on Fake Reviews and Testimonials

On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials. The proposed rule follows FTC’s November 2022...more

Wilson Sonsini Goodrich & Rosati

What's in a Review? The FTC's Updated Endorsement Guides and Proposed New Rule on Consumer Reviews

In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and...more

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