7th Edition: Trends in Marketing Communications Law In a marketing landscape dominated by social and digital platforms, the lines between advertising and content — and reality and virtual reality — are becoming more and more blurred. When influencers (formerly known as “bloggers”) and online Continue Reading
Regulators Target False Advertising for Post-Secondary Education
7th Edition: Trends in Marketing Communications Law Federal Trade Commission (FTC) enforcement efforts tend to focus on certain areas where the perceived harms are high. Although the FTC has historically focused on blatantly fraudulent practices or practices likely to have a negative effect on Continue Reading
How “Natural” Is That Cosmetic? Legislators May Decide.
7th Edition: Trends in Marketing Communications Law Consumers are becoming increasingly savvy, even as the retail landscape is constantly evolving with new categories and sub-categories. In the cosmetics space, new independent brands have joined an already crowded field, while established Continue Reading
Senators Urge the FTC to Investigate “Privacy Violations” by Adtech Companies
The Bottom Line Some lawmakers and regulators are clearly seeking to step up the heat on data collection and usage practices in the Adtech industry. All participants in the online advertising ecosystem should carefully consider the privacy practices of any service that they provide or Continue Reading
FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices
The Bottom Line Retailers should ensure that they are transparent about the availability of their inventory and shipping timeframes. Failing to communicate with consumers (or worse, communicating deceptive promises) can result in significant liability under the FTC Act and the Mail Order Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line Marketers who use “Made in the USA” claims on any labels or marketing materials should review those claims in light of the proposed new standards, and be sure to watch for any new developments from the FTC.The FTC is accepting public comments on the Proposed Rule until August 21, Continue Reading
Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post
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
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