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Influencers Federal Trade Commission (FTC) False Advertising

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Kelley Drye & Warren LLP

Two New Lawsuits Target Influencer Campaigns

Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more

Oberheiden P.C.

Fake Online Reviews and Testimonials: 10 Key Considerations for Avoiding FTC Scrutiny

Oberheiden P.C. on

Finalized last year, the U.S. Federal Trade Commission’s (FTC) Final Rule on the Use of Consumer Reviews and Testimonials (the “Final Rule”) principally addresses the sale, purchase, and publication of fake online reviews and...more

Weintraub Tobin

(Podcast) 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

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

Benesch

#ClassAction: Influencer Marketing Class Actions are Trending

Benesch on

Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...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

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

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Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...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

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

Dorsey & Whitney LLP

Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures

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For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

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The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 4

Food delivery service GrubHub will pay $25 million in a pre-New Year settlement with the Federal Trade Commission (FTC) and has agreed to make comprehensive changes to its business practices to resolve charges that it engaged...more

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

ArentFox Schiff

From Gen AI to Gen Z (Influencers): New FTC Rule Bans All Fake Reviews

ArentFox Schiff on

In an era in which fake reviews run rampant and artificial intelligence (AI) can craft countless deceivingly realistic product reviews with minimal effort, the Federal Trade Commission (FTC) has taken a bold step forward for...more

Goodwin

FTC Publishes New Rule Banning Fake Reviews and Testimonials

Goodwin on

On August 14, 2024, the Federal Trade Commission (FTC) announced a final rule banning fake reviews and testimonials. The rule follows a notice and comment process that began in November 2022, and covers a wide range of...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 20, 2024)

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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

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

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

Kilpatrick

10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

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The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more

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