Category Archives: Endorsements

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What’s the Federal Trade Commission Been Up to Recently?

A change in administration inevitably raises questions regarding the priorities and direction of federal agencies. To help set the record straight, Lesley Fair, a Senior Attorney with the Federal Trade Commission’s (FTC or Commission), Bureau of Consumer Protection, reminded us during last week’s NAD Annual Conference that the FTC has kept quite busy over the last … Continue Reading

California to Gatorade – Don’t Mess with Water

Gatorade recently learned two timeless lessons the hard way from the State of California.  First, never mess with water.  Second, advertising claims are everywhere, including in what some might consider to be just fun and games.  In exchange for these lessons, Gatorade paid the State of California $300,000 and agreed to injunctive relief. So what … Continue Reading

The FTC’s Influence Reaches Influencers: FTC Settles First Ever Complaint Against Social Media Influencers

Big day at the FTC for influencer announcements! The FTC announced its first ever settlement with social media influencers. At the same time they followed up with a second round of warning letters to a large group of influencers. Finally the FTC updated its FAQs on endorsements with some guidance, including its current views about … Continue Reading

Golden Rules: The Rule 40 Deadline is Nearing the (Slalom) Gate; Advertisers Cannot Just (Figure) Skate Over the Regulation

Summer may just be heating up, but advertisers should already be thinking about and planning for the 2018 PyeongChang Winter Olympic Games because the “Rule 40” deadline is fast approaching. The opening ceremony of the PyeongChang Olympics isn’t until February 9th of next year, but advertisers that are not official Team USA sponsors but want … Continue Reading

FTC Formally Announces Influencer Sweep on “Word to the Wise Wednesday”

We previously blogged a few weeks ago about the FTC’s sweep of influencers and warning letters being sent regarding whether material connections are disclosed, and if so, if they are done clearly and conspicuously. The FTC has issued a press release with more detail. We now know there were over 9‎0 such letters sent. For … Continue Reading

Operation Full Disclosure Part 2: FTC Compliance Sweep—Influencing the Use of Influencers

Did you get a letter in March with the Federal Trade Commission (FTC) seal inquiring about your use of material connection disclosures in influencer campaigns and politely reminding you about the Endorsement Guides? If so, you are in good company as many other brand companies have received such letters as part of the FTC’s most … Continue Reading

Native Advertising and Influencer Marketing Workshop

Join Venable on October 27 for a half-day workshop in the firm’s Los Angeles office designed to make sense of recent enforcement actions involving social, influencer, and native campaigns. Venable’s Amy Ralph Mudge, Randy Shaheen, Melissa Steinman, and Po Yi will share best practices that in-house counsel and compliance personnel at brands, agencies, and publishers … Continue Reading

Court Refuses to Dismiss Celebrity Endorsement Breach Of Contract Case

We’ve never reposted a blog, but in light of Ryan Lochte’s being robbed, then exaggerating being robbed and now maybe not exaggerating so much, and Colin Kaepernick’s decision to sit out the National Anthem, we thought this oldie but goodie on celebrity endorsers and morals clauses was worth dusting off. One quick update on the … Continue Reading
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