As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively utilize other provisions of the Act in order to obtain money from the companies and individuals it
The replay of our recent webinar Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic is available here.
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online,
Over the past few weeks, a number of organizations have announced their plans to cancel conferences, festivals, and other events over fears about spreading the coronavirus. Undoubtedly, the companies who’ve paid to sponsor these events have by now pulled out their sponsorship agreements to see what those agreements say about what happens next.
When companies
This morning, the FTC announced that Teami – a company that sells teas and skincare products – agreed to settle charges that it promoted its products using deceptive health claims and endorsements by influencers who failed to clearly disclose that they were being paid for their posts. In addition, the FTC sent letters to ten
On the latest episode of the Ad Law Access Podcast, Kelley Drye has a discussion of promotions. The podcast provides this Taylor Swift contest as an example of how things can go wrong.
For additional information on promotions and other issues, visit the Advertising and Privacy Law Resource Center.
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When Casper launched in 2014, it set out to disrupt the mattress industry. Not only did they change the way mattresses were sold, the company changed the way mattresses were advertised. Among other things, Casper hired celebrities like Kylie Jenner to post pictures of their mattresses on Instagram and other influencers to post “unboxing” videos
In the 2010s, Kelley Drye’s Ad Law Access blog posted approximately 1500 entries. Below are the most popular by year. To give you a sense of beginning to end, the first post came one month after Apple announced the iPad and the last just days before the first all-female spacewalk by astronauts Christina Koch and
In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:
Yesterday, the FTC released a new guide and video designed to help influencers understand when and how they should disclose the relationships they have to the brands they endorse. The guidance doesn’t break new ground, and readers of this blog shouldn’t find too many surprises, but it does summarize the key requirements in an easy-to-read
