Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we frequently get from marketers.
What is an endorsement? The FTC provides new guidance on what constitutes an “endorsement.” In one
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
When 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
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
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
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,
