A federal appeals court has agreed to put on hold a Texas social media law, HB 20, that restricts content moderation actions on social media platforms. The Fifth U.S. Circuit Court of Appeals announced that it was granting a September request from social media platforms to block enforcement of the law as trade associations appeal
Joint Commitment: Alcohol Producers and Major Agencies Create Standards for Influencer Alcohol Marketing
The International Alliance for Responsible Drinking (IARD), which represents major global alcohol producers, partnered with leading advertising, public relations and influencer agencies to sign an Influencer Pledge that sets standards and rules for influencers who market alcohol on social channels. The Pledge is meant to prevent influencer alcohol marketing from reaching minors and to encourage influencers to promote responsible drinking. In addition to the Pledge, the companies created a set of five safeguards applicable to influencers that work with alcohol brands.
Continue Reading Joint Commitment: Alcohol Producers and Major Agencies Create Standards for Influencer Alcohol Marketing
Score One for the Student Athletes: NCAA Adopts Interim Name, Image, Likeness Policy
The National Collegiate Athletic Association (NCAA) has officially adopted interim policy changes that will allow college athletes the opportunity to benefit from their name, image, and likeness (NIL). This change comes on the heels of NCAA v. Alston, discussed here, where the Supreme Court ruled 9-0 that the NCAA violated anti-trust laws when it limited education-related benefits a college or university could offer student athletes. We previously wrote about the NCAA’s adoption of a new rule allowing elite Olympic and Paralympic athletes to have “additional training expenses” paid without jeopardizing their NCAA eligibility. This new policy goes well beyond the NCAA’s previous rule.
Continue Reading Score One for the Student Athletes: NCAA Adopts Interim Name, Image, Likeness Policy
Another NY Update: Legislators Pass Protection of Post-Mortem Right of Publicity
The New York State Legislature recently passed a bill that expands the State’s current laws to protect one’s right of publicity after death. Under current privacy laws in NY, permission is required to use a living individual’s name, voice, or likeness for commercial purposes (i.e., in advertising materials).
While the bill – which awaits signature
New York Bill Gives Credit Card Holders 90 Days to Redeem Rewards
The New York Senate recently passed a bill that is expected to give New York residents a 90-day grace period to redeem credit card rewards after their account is changed, canceled, closed, or terminated. The bill will address issues where a cardholder’s account is closed without notice for inactivity, default, or delinquency – in such
The Latest Celebrity Lawsuits in the CBD and Cannabis Space
Two recent actions involving sellers and marketers of cannabidiol (CBD) and cannabis prove the “wellness” industry is not always so chill.
Clint Eastwood Sues CBD Companies over False Endorsements
In the first action, Clint Eastwood filed two lawsuits in federal court in Los Angeles against CBD companies and marketers, claiming the companies promoted false news
A Not-So-American Style: Williams-Sonoma to pay $1M to FTC Over Deceptive “Made in USA” Claims
The FTC recently approved a final consent order against home product and kitchen ware company, Williams-Sonoma, Inc. Under the order (available here), Williams-Sonoma is required to pay $1 million to the FTC in connection with charges that it made false, misleading, or unsubstantiated “Made in USA” claims.
The FTC first announced its compliant in
The Fyre Festival Storm Continues: Kendall Jenner Settles Over Social Post
For those following the fallout from the Fyre Festival, the drama continues. Last week, model and influencer Kendall Jenner settled a bankruptcy lawsuit for $90,000 relating to her promotion of the Festival.
To refresh your memory, Fyre Festival was planned for spring 2017, advertised as a music and culinary paradise held on a private island
FTC Settles With Tea Maker for Inadequate Disclosures and Unsubstantiated Claims
The FTC recently settled with Teami, LLC (“Teami”), an indication that the Agency is still actively reviewing health claims and monitoring social media influencers for proper disclosures. Teami allegedly brought in over $15 million through its deceptive marketing tactics, but given the company’s financial condition, the FTC agreed to partially suspend its $15.2 million judgment
FTC Releases Guidance for Influencers
On Tuesday, the FTC released a set of guidelines for online influencers dictating when and how influencers must disclose sponsorships to their followers. The guidelines, available here, break down disclosure requirements and provide tips for influencers on how to avoid deceptive advertising.
In general, the guidelines largely reflect what the industry has gleaned from