On June 26, 2025, Elon Musk posted on X: “Starting tomorrow, the esthetic nightmare that is hashtags will be banned from ads on X.” Below that post, one user asked Musk’s AI chatbot Grok whether it recommends using hashtags...more
When the first social media hashtag was used in 2007, users had no idea how ubiquitous hashtags would become. Today, hashtags are an essential part of our lives (and a subject we’ve been writing about for years). From...more
Brands and influencers could unknowingly be violating the FTC’s endorsement rules by using TikTok to promote paid posts and sponsored content without including the necessary disclosures. TikTok offers native direct download...more
In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not...more
You’re not an influencer (yet)? That’s OK. This still matters. If your company uses influencers as part of its marketing strategy, it shares responsibility to ensure compliance with all Federal Trade Commission (FTC)...more
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th...more
It has been said that Instagram, YouTube and blogging represent the height of creative self-expression on the Internet. However, if a brand has sponsored an individual’s content, then the claim to self-expression has its...more
It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more