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
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
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 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
Westlaw | SAG-AFTRA Welcomes the Influencer
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-talentedperformers whose performances should be covered by a SAG-AFTRA contract.” Social media content creators, commonly 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
Record COPPA Settlements Indicate Stronger Privacy Protections for Children
7th Edition: Trends in Marketing Communications Law Last year, the Federal Trade Commission (FTC) reached record settlements with popular online social media platforms that were collecting personal information from children in violation of the Children’s Online Privacy Protection Act 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