The Bottom Line Kendall Jenner agreed to pay $90,000 to settle claims in a bankruptcy proceeding arising out of her now-deleted Instagram post that promoted the ill-fated Fyre Festival. This settlement is a potent reminder of the breadth of risks that influencers and celebrities may face when Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Marketers need to tread lightly when showing advertisements of people going back to their daily lives, even if the advertisements show social distancing, as these ads may not reflect the reality for everyone in this country.If marketers do show people going back to their daily Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Consumer protection regulators are taking the COVID-19 crisis very seriously.The FTC and FDA have both stepped up enforcement actions against companies making unsubstantiated claims that CBD products may help combat the disease.The FDA has issued numerous emergency warning letters Continue Reading
SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency
The Bottom Line When agreeing to promote or endorse a cryptocurrency, celebrities must think outside of the FTC box because the SEC’s disclosure rules go above and beyond the FTC’s requirements. Even if a celebrity is already described as a “brand ambassador,” the SEC requires disclosure of Continue Reading
The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures
The Bottom Line Marketers and influencers should take the Teami action, and the FTC’s warning letters, to heart. At a time when the FTC is reviewing its guidance on social media endorsements, the FTC will likely continue to monitor marketers and influencers to combat false and misleading influencer Continue Reading
FTC Provides Guidance for Ed Tech Providers and Schools on Protecting Children’s Privacy while Remote Learning
The Bottom Line With many schools closed through the end of the 2019-2020 academic year, children — like many others of all ages — are rapidly finding much more of their day-to-day lives taking place online. As a result, the FTC has provided guidance for ed tech providers and schools that utilize Continue Reading
Key Considerations for Retailers in the Face of COVID-19
The Bottom Line Retailers may be rushing to adapt to the new normal and embrace an e-commerce model, but there are still a myriad of legal issues to navigate.As the world of “e-tail” becomes king — at least for now — it is more important than ever to thoroughly understand the implications of new Continue Reading
Avoiding the Pitfalls While Reaping the Benefits of Sweepstakes and Contests during COVID-19
The Bottom Line While COVID-19 presents many challenges to brands trying to run a sweepstakes or contest at this time, it also presents an opportunity for brands to connect with their customers by opening a channel of communication that could improve customer loyalty and goodwill if the promotions Continue Reading
SAG-AFTRA and the JPC Issue Temporary Waiver Regarding Stock Footage in Commercials
The Bottom Line Given the uncertain duration of the coronavirus pandemic, there is no expiration date for this Section 7 stock footage waiver.The Union must provide the JPC with 14 days’ notice of termination in order to bring the waiver period to an end.Until then, the Union Continue Reading