Covering Your Ads® Blog

Latest from Covering Your Ads® Blog

September 2, 2020

Brands and influencers could unknowingly be violating the FTC’s endorsement rules by using TikTok to promote paid posts and sponsored content without including the necessary disclosures. TikTok offers native direct download and social sharing tools that enable users to share TikTok videos on other social media platforms without the caption and hashtags from the original video description, which may include disclosures that were included as required by the FTC to identify paid advertising.…

Covering Your Ads® Blog

FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC

By Ted Max

May 13, 2020

In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement Guides, that any material connections, including compensation, between advertisers and internet end-users need to be disclosed “clearly and conspicuously” to consumers. The letter noted that endorsers should use unambiguous language and consumers should be able to notice the disclosure easily without…

Covering Your Ads® Blog

“Deepfake” Technology: Very Real Marketing Value … and Risks

By Genevieve Perez & Jason Mueller

May 1, 2020

As COVID-19 lockdowns continue to restrict in-person production, advertisers are increasingly turning to digital technologies to produce new creative assets. Recently, there has been increased interest in using “deepfake” technologies to repurpose archival footage. A “deepfake” is essentially a video or audio that has been manipulated in a way that is undetectable to people viewing or listening, resulting in a piece of media that appears authentic.…

Covering Your Ads® Blog

Sweepstakes or Giveaway? Make Sure Your Advertising Is Clear!

By Rachel Tarko Hudson

April 16, 2020

Enter for a chance to win! Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway. Recently, fashion brand Draper James reminded us all why that distinction is so important.…

Covering Your Ads® Blog

How the COVID-19 Lockdown will Disrupt the Upfront TV Ad Market

By Brian Anderson, Daniel Schnapp & Brittany Walter

April 15, 2020

Around 311 million people in the United States—roughly nine out of ten Americans—are under instructions to “Stay Home!” These captive audiences have resulted in a 17% increase in TV viewership across all demographics. Indeed, adults aged 18-34—a demographic that has been increasingly difficult for advertisers to reach on ad-supported television—spent 83 million more hours watching TV during the first week of the lockdown as compared to the last week in February.…

Covering Your Ads® Blog

Coronavirus: Are Spectator Bans the Worst Case Scenario for Brand Sponsors?

By Brian Anderson, Brittany Walter & Genevieve Perez

March 6, 2020

On Wednesday, amid growing concern over the spread of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), the Italian government announced that all sporting events in Italy will resume. The catch? They will all take place behind closed doors—no spectators will be allowed to attend for at least the next month. Italy, as the epicenter of Europe’s coronavirus outbreak, previously undertook drastic measures to slow the virus’ spread—closing all schools in the country, cancelling sporting events, and…

Covering Your Ads® Blog

Coronavirus And The Retail Industry: Pricing and Advertising Issues

By Jay Ramsey & Craig Cardon

March 6, 2020

With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be supply chain issues, covered here (The Impact of Coronavirus on Supply Chain), and employment issues, covered here (What Employers Need to Know to Prepare for Coronavirus). This post addresses certain pricing and advertising issues that may also…

Covering Your Ads® Blog

After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms?

By Ted Max

February 18, 2020

On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5‑0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Endorsement Guides”), which were enacted in 1980 and amended in 2009, as part of a systematic review of all current FTC rules and practices. The FTC’s Endorsement Guides have evolved over the…

Covering Your Ads® Blog

FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

By Ted Max

November 8, 2019

On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers”[1] and a video “Do you endorse things on social media?” to alert influencers to the laws governing endorsement or recommendation of products or services and provide social media influencers with “tips on when and how to make good disclosures.”[2] The FTC’s written guide states that “[a]s an influencer, it’s your responsibility to…

Covering Your Ads® Blog

“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews

By Ted Max

November 4, 2019

Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having been featured, promoted, and sold online through Sephora and its website, www. Sephora.com. On October 21, 2019, the Federal Trade Commission (“FTC”) announced a consent order in an action for violation of Section 5 of the FTC Act against Ms. Riley and SRMS…

Covering Your Ads® Blog

Blog Authors

Native TikTok Tools May Create Liability for Brands and Influencers

FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC

“Deepfake” Technology: Very Real Marketing Value … and Risks

Sweepstakes or Giveaway? Make Sure Your Advertising Is Clear!

How the COVID-19 Lockdown will Disrupt the Upfront TV Ad Market

Coronavirus: Are Spectator Bans the Worst Case Scenario for Brand Sponsors?

Coronavirus And The Retail Industry: Pricing and Advertising Issues

After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms?

FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews

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