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.
Native Advertising
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…
New NAD Decision Addresses Affiliate Links
By Gonzalo E. Mon on
As part of its routine monitoring, the NAD requested substantiation for various statements that a BuzzFeed staff member had made about a moisturizer in one of the site’s shopping guides. The NAD’s decision in the case sheds some much-needed light on various issues related to affiliate marketing.
BuzzFeed explained that the shopping guides include product…
2017 Recap
By Kelley Drye on
Posted in Advertising Law, Advertising Litigation, Class Actions, Consumer Product Safety, Consumer Protection, Federal Trade Commission (FTC), Kelley Drye, NAD, Native Advertising, Privacy and Information Security, Privacy Practices, Promotions, Regulatory Developments, Social Media, State Attorneys General, Website Accessibility
Most Popular Ad Law Access Posts of 2017
As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular:
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Announcing the Advertising and Privacy Law Webinar Series
By Kelley Drye on
Posted in Advertising Law, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission (FTC), Food and Drug, Internet of Things, Legislative Developments, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel.…
Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up
By Kelley Drye on
Posted in Advertising Law, Advertising Litigation, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Dietary Supplements, Enforcement, Federal Trade Commission (FTC), Food and Drug, Green Marketing, Internet of Things, Kelley Drye, Legislative Developments, Made in USA, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Promotions, Real Time Marketing, Regulatory Developments
NAD Worries Consumers Will Jump To Wrong Conclusions Over Trampoline Reviews
By Gonzalo E. Mon on
A growing number of consumers read reviews before they decide to purchase a product. Because of this – as we’ve posted various times – regulators and competitors are keeping a watchful on eye reviews that seem biased or inauthentic. The latest challenge comes from a world that isn’t known for its advertising challenges: the world…
NAD Addresses Disclosures in Native Ads
By Gonzalo E. Mon on
Posted in NAD, Native Advertising
When the FTC issued its guidance on native advertising last year, the Commission emphasized the importance of ensuring that consumers are able to distinguish ads from editorial content. If the line between the two gets blurred, companies may need to label ads as such. Where the label is placed can be critical, because the FTC…
Navigating Native Advertising
By Gonzalo E. Mon on
Posted in Federal Trade Commission (FTC), Native Advertising
The FTC recently released two new guidance documents: Enforcement Policy Statement on Deceptively Formatted Advertisements and Native Advertising: A Guide for Businesses. The Policy Statement seeks to address the broad area of “advertising and promotional messages integrated into and presented as non-commercial content.” The Business Guide more narrowly addresses native advertising, which the FTC…
FTC Announces Settlement Over Influencer Campaign for Xbox One
In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted positive reviews, but didn’t disclose that they had been paid to do so. During the interview, we speculated about whether the FTC…