With courts striking down age-verification and parental consent laws, states are turning to a new strategy – requiring mental health warning labels on social media platforms. But tech industry groups claim these measures violate the First Amendment. Gary Kibel, a partner in the Privacy, Continue Reading
FTCWatch | Legal, Regulatory Woes Could Mark New Era for Influencers
Brands are increasingly partnering with influencers who have millions of followers, and the “creator economy” could surpass advertising spending on traditional formats such as TV, audio, print and film. However, as influencer marketing becomes a vital part of the advertising industry, a new wave of 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
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
#Goals: Using Social Media without Getting Sued
7th Edition: Trends in Marketing Communications Law In the rapidly changing social media landscape, new ways to create, share and use content are continually emerging, and this has left marketers scrambling to ensure that their legal compliance efforts keep pace with the changes. In social media, Continue Reading
Notice Period Is Over: Regulators Heighten Focus on Individual Influencers
5th Edition: Trends in Marketing Communications Law Regulators and public watchdog groups intensified their focus on paid influencer marketing campaigns in 2017. Last spring, in the wake of petitions published by groups such as Public Citizen and TruthInAdvertising.org, which flagged "suspicious" Continue Reading
Instagram Adds Paid Partnership Tool for Transparency
The Bottom Line The new Instagram branded content tool is intended to provide greater transparency in the social media space by disclosing relationships between influencers and brands.Implementing this tool appears to be Instagram’s response to the FTC’s growing concern about paid endorsements on Continue Reading