The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line As more and more marketers take to the Internet to provide goods and services in this post-pandemic era, subscription-based offerings are on the rise. With the click of a mouse, consumers can get everything from vitamins, to wine, to work out gear on an auto-recurring basis. Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line Age of Learning, Inc. (Age of Learning), which operates as ABCmouse, a subscription service for young children’s educational content, agreed to pay $10 million dollars to settle claims by the Federal Trade Commission (FTC) regarding its negative option and billing practices, 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
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
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line The Federal Trade Commission (FTC) recently issued a staff report and proposed a Made in USA Labeling Rule (Proposed Rule) in an effort to strengthen the FTC’s enforcement program and make it easier for businesses to understand and comply with the law. The Proposed Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line In the wake of the global pandemic caused by the novel coronavirus, the U.S. Food and Drug Administration (FDA) has issued dozens of warning letters to various companies — including so-called ‘affiliate marketers’ — asserting that they have fraudulently marketed products that Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Even after the coronavirus crisis has subsided, social distancing will have left its mark, most notably on the advertisements we watch on TV and see on the Internet. Can anyone honestly say they could watch Coca-Cola’s iconic “Hilltop” commercial now without urging the singers 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
Telemarketing Lawsuits Fueled by Regulatory Uncertainty
6th Edition: Trends in Marketing Communications Law Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). With statutory damages of up to $1,500 for a single unauthorized text message, consumers Continue Reading