On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The proposal makes a number of changes to the Guides, which were first enacted in 1980 and later updated
FTC Gone Viral: Commission Puts 700+ Companies on Notice About Deceptive Endorsements
Yesterday the Federal Trade Commission (“FTC”) announced that it sent “Notices of Penalty Offense” (the “Notice”) to over 700 companies in nearly every industrial sector, ranging from leading retailers, tech platforms, top consumer product companies, and major advertising agencies, warning them that they could incur significant civil penalties – up to $43,792 per violation – if they use endorsements in ways that run counter to prior FTC administrative cases.
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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.
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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…
Zika Repellent Could Not Keep Away FTC
PR firm Creaxion Corporation and Inside Publications, LLC settled with the Federal Trade Commission (FTC) this week regarding promotional practices for Creaxion’s mosquito repellent. In its complaint, the FTC alleged that Creaxion planned a media campaign around its launch of the mosquito repellent during the Zika virus outbreak tied to the 2016 Summer Olympics. They…
Preparing for the Next Phase of Influencer Marketing – The CGI Influencer
Social media influencers are constantly competing for likes, partnerships, and ways to differentiate themselves from others. A surefire way to distinguish oneself in the ever-growing sea of social influencers? Being a robot.
Computer generated social media influencers like Lil’ Miquela and Shudu have racked up millions of Instagram followers and likes and have secured several…
“You’re Fired” – The Growing Fallout from Celebrity Rants
While the beginning of the Trump era started with debates over the size of crowds and immigration bans, last week was all about brands and their affiliation (or desire to be unaffiliated) with President Trump. Most recently, this issue came to the forefront when Under Armour’s CEO gave an interview on CNBC and called Trump…