FTC Guides for Endorsements and Testimonials in Advertising: 2022 Update and Recent Developments
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Understand the latest developments at the FTC and how to work with influencers and sponsored content in advertising and marketing.Over the years, the Federal Trade Commission (FTC) has become increasingly active in seeking to regulate how advertisers and influencers can effectively and legally communicate with the consuming public. By issuing revised Guides Concerning the Use of Endorsements and Testimonials in Advertising, by bringing (and settling) a series of enforcement actions against brands, agencies, and the influencers themselves, and by sending letters to those using influencer advertising, the FTC has sought to make it clear that it expects clear and conspicuous disclosures of material connections in compliance with the endorsements rules and other FTC principles. Review recent developments at the FTC and the agency's baseline expectations for compliance with influencer marketing and sponsored content, including disclosures, monitoring, and training by advertisers, and a breakdown on recent legal cases where companies or influencers have been penalized. Review recent warnings and announcements by the commission on naughty and nice words. Learn what native advertising means and when disclosures are required in content, as well as best practices on how to comply with the rules across social media channels and different types of advertising. The material will also cover guidance on the proper use of consumer reviews in advertising, including how to properly disclose incentivized reviews and properly use aggregate reviews in advertising claims.
AuthorsShanin Rothermel, Venable LLP
Melissa Landau Steinman, Venable LLP
What Are the Latest Developments Regarding the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising?
• What's Going on at the FTC?
• What Is the Status of the Updates to the Guides?
• What's the Story With the FTC's Notice of Penalty Letters?
How Is the FTC Regulating Influencers and Sponsored Content?
• Who Is Regulating Influencers and Sponsored Content?
• Sources of Influencer Marketing Requirements and Guidance
• Rules of the Road: Bedrock Principles
• How to Disclose on the Different Platforms
• What Does FTC Compliance Really Mean Today?
• How to Apply the Endorsements and Testimonials Rules to Different Types of Campaigns and Platforms
Kids and Families: Special Considerations With Children
Offline and Experiential
Sports Influencer Updates
How Is the FTC Regulating Reviews?
• Incentivized Claims
• Aggregate Claims