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
The Last Decade’s Top Ad Law Access Reads
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
2019 Selected Top Ad Law Access Reads and Listens
In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:
- California Consumer Privacy Act (CCPA)
CCPA was far and away the most popular topic of 2019 and, as mentioned in one of our last posts of the year, “businesses and privacy professionals
Ad Law Access Podcast: FTC Releases New Guide to Help Influencers
FTC Releases New Guide for Influencers
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
FTC Announces Settlement Over Fake Reviews
This week, the FTC announced a settlement with Sunday Riley Modern Skincare and its CEO, Sunday Riley, over allegations that company managers and employees posted fake reviews on Sephora.com.
The FTC alleged that company managers, including Ms. Riley herself, posted reviews of the company’s products on Sephora.com, and asked other employees do the same. When
FTC Settlement Addresses Free Trials and Incentivized Reviews
This week, the FTC announced a settlement with UrthBox and its president that addresses two topics that we frequently cover on this blog: (1) free trials; and (2) incentivized reviews.
Free Trial
The FTC alleged that Urthbox offered a “free” trial of its snack boxes for a nominal shipping and handling fee. 
For some consumers,
SEC KOs Mayweather and DJ Khaled for Promoting Cryptocurrency Without Disclosures
About a year ago, the SEC issued a warning to celebrities and social influencers who promoted Initial Coin Offerings (ICOs) on social media, noting that such promoters are subject to federal securities laws. Apparently, at least two celebrities weren’t paying attention because they recently settled the SEC’s first cases regarding promoting ICOs without proper disclosures.
FTC Settlement Addresses Influencers and Native Ads
Two companies and their principals have agreed to settle FTC allegations that they misled consumers by presenting paid endorsements as independent consumer reviews and ads as independent news stories.
Creaxion, a PR agency, was tasked with creating a campaign to promote a client’s new mosquito repellent product around the time the press was reporting about
Investing Under the Influence? SEC Issues Warning Letters to Celebrities and Social Influencers
Earlier this month, the Securities and Exchange Commission (SEC) issued a warning to celebrities and social influencers who use social media to encourage consumers to invest and/or purchase stocks. Recent celebrity endorsements for investment in Initial Coin Offerings (ICOs) were highlighted as examples in the SEC’s warning. In the future, if celebrities and social influencers