The Bottom Line FTC guidance continues to evolve as new forms of marketing gain popularity. Companies should do all they can to align their endorsement practices with the FTC’s proposed guidance — including with regard to social media, influencers and consumer reviews. Interested Continue Reading
What To Consider When Launching a Cause Marketing Campaign
The Bottom Line Cause marketing campaigns are an excellent way to leverage a brand’s marketing infrastructure to make a difference in the world, especially when the campaigns benefit a cause as closely followed as the humanitarian crisis in Ukraine. By following all appropriate laws and best Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
2023 Update Excited for the 95th Academy Awards? We are too! The Academy released updated brand guidelines with the same rules and restrictions as last year, except that brands are also permitted to use #Oscars95 in their social rollouts. Once again, brands do not need to be affiliated with or Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
The Bottom Line All marketers should examine their current practices to ensure that they can comply with updated laws and guidance. We will continue to monitor compliance and enforcement trends throughout 2022. 2022 has the potential to be a major year for the advertising and Continue Reading
Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions
The Bottom Line Cryptocurrency companies are subject to various federal laws and may be regulated by a number of federal agencies, including the Securities and Exchange Commission. Though the cryptocurrency market has matured in recent years, there are still plenty of risks, and agencies, media Continue Reading
FTC Sends Notices to Businesses Promoting Money-Making Opportunities
The Bottom Line The FTC has issued three rounds of Notices of Penalty Offenses this month – a sharp shift for an enforcement power that was largely abandoned in the 1980’s.As the FTC continues to explore its enforcement options in the wake of the Supreme Court’s decision in AMG Capital Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line Assembly Bill 45 in California now permits food and dietary supplement products to include CBD.The differing approaches by the California and federal governments highlights the complicated regulatory environment for ingestible CBD products.Brands, agencies and media companies Continue Reading