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Marketing Unfair or Deceptive Trade Practices Influencers

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

Fenwick & West LLP

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

Fenwick & West LLP on

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

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

Fenwick & West LLP on

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

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

Venable LLP

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

Venable LLP on

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

Kilpatrick

NAD 2024 Annual Report – Key Takeaways

Kilpatrick on

The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which...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...

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

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

Holland & Knight LLP

Podcast - The FTC's Focus on Social Media Advertising Policies

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade...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

Snell & Wilmer

Truth or Consequences: FTC Revised Endorsement Guides & Class Action Risk

Snell & Wilmer on

By Douglas A. Thompson and Sarah Richards1 Testimonials and endorsements, especially those by high-profile celebrities, sports figures, and influencers, can shine a significant spotlight on a company’s products and services....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

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

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

Katten Muchin Rosenman LLP

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...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

Ervin Cohen & Jessup LLP

FTC Warns Advertisers about Unsubstantiated Product Claims and Endorsements

On April 13, 2013, the Federal Trade Commission (“FTC”) announced that it had sent a Notice of Penalty Offenses Concerning Substantiation of Product Claims and a Notice of Penalty Offenses Concerning Deceptive or Unfair...more

Hudson Cook, LLP

FTC Accepts Comments on Potential Rule to Combat Fake Reviews and Other Deceptive Endorsements

Hudson Cook, LLP on

The Federal Trade Commission continues to make moves in its battle against deceptive and inaccurate information online. Endorsements, testimonials, and social media influencers still apparently sit near the top of the FTC's...more

Smart & Biggar

Marketing & advertising tips, traps and trends for 2023

Smart & Biggar on

This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance.  The term “dark patterns” was first coined over a decade ago but...more

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