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Endorsements and Testimonials

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In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides.  The changes would build on and expand previous guidance, including by expressly extending liability to endorsers, intermediaries, and platforms…

Texas AG Sues Google over Misleading EndorsementsWhen a company uses an influencer or other person to endorse the company’s products, it’s important that endorsement reflects the endorser’s honest opinions, beliefs, or experiences with the products. Of course, in order for that to happen, the endorser must have actually used the products. This week, the Texas Attorney General filed a lawsuit against…

Where to Find More Info on the FTC’s Top Rules for 2022

Last week, Jessica Rich wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most interest on Ad Law Access recently, we wanted to point you to…

FTC Blankets Companies With Warning Letters Over Endorsements and ReviewsAs 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…

Advertising Law Summer SeriesThe 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,…

Do Your Sponsorship Agreements Address Event Cancellation?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…

Ad Law Access PodcastOn 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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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…