The Bottom Line The FTC continues to explore its myriad of enforcement options, most recently by using its Penalty Offense Authority under Section 5 of the Federal Trade Commission Act (FTC Act) to put more than 700 companies on notice that they could incur significant civil penalties (up to Continue Reading
Children’s Advertising Review Unit’s (CARU) Virtual Conferences 2021 | Kidfluencers: 2021’s Youth Influencer Trends and Challenges
On June 8-9, Davis+Gilbert is a sponsor of the Children's Advertising Review Unit's (CARU) Virtual Conferences 2021. Davis+Gilbert Advertising + Marketing partner Allison Fitzpatrick, will speak during a session titled “Kidfluencers: 2021’s Youth Influencer Trends and Challenges” on June Continue Reading
SAG-AFTRA Welcomes the Influencer
The Bottom Line After spending a decade carving out space in the industry, influencers are now being welcomed into the SAG-AFTRA union, which is recognizing them as a unique class of “multi-talented performers whose performances should be covered by a SAG-AFTRA contract.” Social media Continue Reading
That Post Could Cost You: Copyright Infringement Claims Continue for Social Media Posts
7th Edition: Trends in Marketing Communications Law What do Kim Kardashian, Amy Schumer, LeBron James, Gigi Hadid, and the brands Versace, Fenty and Moschino all have in common? Each has been sued for copyright infringement after posting on their social media channels photographs owned by Continue Reading
Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World
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
The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures
The Bottom Line Teami, LLC (Teami) agreed to settle Federal Trade Commission (FTC) charges that the company made false and unsubstantiated health claims regarding its tea and skincare products and hired influencers who failed to adequately disclose that they were being paid to endorse its Continue Reading
Is the Influencer Landscape Going to Change? FTC Seeks Public Comments on Its Endorsement Guides
Update The Bottom Line The Federal Trade Commission (FTC) recently announced a review of its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (Endorsement Guides) and that it is seeking public comments on whether changes need to be made to them. While the FTC has been Continue Reading
A Must “Follow”: Stricter Groundwork for Influencer Marketing
6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
Ad Club Insider | California’s Anti-Bot Law Raises the Stakes for the Use of AI Influencers
The influencer marketing industry continues to grow rapidly. Some expect influencers to be worth $10 billion collectively by 2020. The industry’s explosive growth has, on the one hand, fostered great innovation, including the increasing prevalence of virtual influencers, which are powered by Continue Reading
New York and Florida AGs Settle Charges with Seller of Fake Social Media Accounts and Engagements
The Bottom Line Brands, marketers, and their agencies typically have the most to lose due to fraudulent social media traffic, in the form of wasted marketing dollars spent appealing to non-existent users. However, these settlements made clear that such practices also harm consumers and social Continue Reading