The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The SEC has issued repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers who fail to disclose the nature, scope and amount of compensation received in exchange for their sponsored posts.This case serves as a reminder that Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure Continue Reading
New York City Bar Association | Marketing and Advertising Law: Social and Digital Media after a Year of Transformation
Paavana L. Kumar, Davis+Gilbert Advertising + Marketing associate, will speak during a session entitled “Hot Topics in Influencer Marketing”, at the New York State City Bar Association’s Marketing and Advertising Law webcast held on May 25. Session Overview In this program, experts in the Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line FTC guidance continues to evolve as new forms of marketing gain popularity. Companies should do all they can to align their endorsement practices with the FTC’s proposed guidance — including with regard to social media, influencers and consumer reviews. Interested Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
The Bottom Line Permission to use #Oscars this season is, no doubt, a win for brands and an exciting opportunity to join a highly watched event and social media conversation. But savvy advertisers know that posting about awards shows on social media can be a legal minefield and raises 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
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading
Westlaw | SAG-AFTRA Welcomes the Influencer
SAG-AFTRA Welcomes the Influencer
The Bottom Line SAG-AFTRA now covers influencer-produced advertising under its new Influencer Agreement with the goal of bringing influencers into the union’s membership.The Influencer Agreement applies to audio and video content produced by signatory influencers for non-union advertisers. It Continue Reading