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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…

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

On November 17, 2020, Twitter introduced Fleets, “a new way to join the conversation.”  Fleets are “fleeting” tweets; ones that disappear from an account after 24 hours.  According to Twitter’s blog, the impetus behind the product iteration is that users feel that posting permanent Tweets presents too much social pressure.  Users can “Fleet” various media,…

In the wake of COVID-19, businesses of all sizes continue to take stock of their spending practices, losses, ongoing threats, and opportunities for revival and growth.  Investment in marketing is ripe for such an evaluation, including advertising mix, production expenses, and return.  In June, 2020, the Interactive Advertising Bureau (IAB) reported that while overall spending…

Join Jason Gordon on Wednesday, May 13, 2020, for a live webinar hosted by the FDLI and titled, “Influencers, Social Media Advertising, and Litigation Risks for Food and Dietary Supplement Companies.”

Food and dietary supplement companies are increasingly using influencers and social media to advertise their products. These marketing strategies are even…

The unprecedented disruption caused by the novel Coronavirus (COVID-19) pandemic has created challenges for brands. Temporary and perhaps permanent changes to advertising and marketing strategies and executions have occurred and will continue to impact brands.

On Tuesday, March 31, 2020, Douglas Wood and Keri Bruce, partners at Reed Smith LLP, the ANA’s General Counsel…

On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation…

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…

Devumi, LLC (“Devumi”) and its owner and CEO, German Calas, Jr. (“Calas”) have agreed to settle the Federal Trade Commission’s (“FTC”) complaint alleging that Devumi and Calas engaged in deceptive online marketing tactics in violation of the FTC Act. In this first-ever type of complaint, the FTC alleges that Devumi and Calas sold fake indicators…