The Bottom Line In light of increased federal and state regulatory oversight, the potential reach of TikTok may begin to shrink.Brands and agencies should take steps to prepare for a government ban of TikTok Trendy social media app TikTok gained popularity during the COVID-19 pandemic and Continue Reading
The SEC Takes on Lindsay Lohan, Jake Paul and Six Other Celebrities Over Paid Crypto Posts
The Bottom Line The SEC is continuing to make good on its repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers, including mainstream celebrities, who fail to disclose the nature, scope and amount of compensation received in exchange for their Continue Reading
Utah’s First-of-its-Kind Social Media Laws Impose Sweeping Protections for Kids and Teens
The Bottom Line Two new Utah laws will require social media companies to get parental consent for all users under 18, re-verify the age of existing users, prohibit advertising to such minors, and more.These onerous requirements may lead social media companies to avoid Utah altogether. Both Continue Reading
Twitter Goes Green: What This Means for Marijuana Advertising
The Bottom Line The federal prohibitions on marijuana and ingestible CBD make for a complicated compliance environment for media companies, advertisers, agencies and ad tech companies.Twitter’s decision to accept advertising in the space represents a massive sea change for the industry’s online Continue Reading
Top 10 Advertising and Marketing Issues for 2023
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 Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without 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 The Federal Trade Commission (FTC) is seeking public comment on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC proposed a number of revisions. Some of these revisions are simply Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
2023 Update Excited for the 95th Academy Awards? We are too! The Academy released updated brand guidelines with the same rules and restrictions as last year, except that brands are also permitted to use #Oscars95 in their social rollouts. Once again, brands do not need to be affiliated with or Continue Reading