The Bottom Line The Federal Trade Commission (FTC) has long regulated negative options – such as prenotification plans, continuity programs, automatic renewals and free-to-pay conversions – through the Negative Option Rule and strategic enforcement actions. Now, the FTC has concluded a Continue Reading
Insights from Day 2 of the 2024 NAD Conference: FTC Perspectives, Data-Based Claims, Dark Patterns, and Artificial Intelligence
The Bottom Line The second day of the BBB National Programs’ 2024 National Advertising Division (NAD) annual conference opened with highly notable remarks from FTC Commissioner Holyoak, and closed with an engaging discussion on the responsible use and regulation of artificial intelligence. Continue Reading
Highlights from Day 1 of the 2024 NAD Conference: Key Cases, Claim Substantiation and FTC Priorities
The Bottom Line The first day of the BBB National Programs' 2024 National Advertising Division (NAD) annual conference focused on fundamental legal issues for advertisers, including comparative advertising claims, puffery, environmental marketing, disclosure, and more. Here are some Continue Reading
Utah, Colorado and Other States Lead Groundbreaking AI Legislation in U.S.
The Bottom Line With the rapid introduction of increasingly powerful artificial intelligence (AI) technologies, regulators, consumers and even industry participants are seeking to establish a clear regulatory framework. While the European Union recently enacted the AI Act, which will both Continue Reading
Are Your Aspirations Attainable? New York Attorney General Challenges “Net Zero” Claims
The Bottom Line 63% of Americans are influenced by a corporation’s environmental reputation when making purchasing decisions – and 48% of Americans “have either chosen one product over another or stopped purchasing a product based on the environmental record” of the product’s Continue Reading
Whose Ad is it Anyway? NAD Finds “Sponsored” Insufficient Disclosure of Material Connection in Social Posts
The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme
The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading
Exposing the Truth Behind Deepfakes in Political Ads
The Bottom Line Generative AI tools have made it easier and cheaper for political groups and campaigns to create convincing but fictitious attack ads targeting political rivals.There are an array of proposed tactics that would require political advertisers to clearly and conspicuously disclose Continue Reading
The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading
14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides
The Bottom Line It has been a busy week for the FTC – and expect the regulators to keep churning. The FTC is likely already on the hunt for a test case to apply the newly revised Endorsement Guides.Now is the time to get ahead of the updates and audit both internal and external influencer and Continue Reading