This summer, the NCAA suspended its long-standing policy that restricted student-athletes from being able to generate income from their name, image, and likeness (commonly referred to as “NIL”). It didn’t take brands long to take advantage of the new opportunities. In the short time since the NCAA made its announcement, a number of companies and
When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that’s where regulators have focused most of their attention in recent years. But that’s not where a company’s obligations stop – companies also need to take
This week, NAD released five tips on influencer marketing. Here are the tips, followed by some of our own observations.
1. When working with influencers or incentivizing consumers to review your product, you may be responsible for the content of their posts.
As we’ve noted in the past, if you work with an influencer
In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In other words, the disclosure shouldn’t just appear in the description that accompanies the video. Although we haven’t
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,
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
This morning, the FTC announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the agency’s systematic review of all current rules and guides. The Guides were first enacted in 1980, and updated in 2009 to more directly address social media. Among other things, the Guides
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 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:
