Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FTC Blankets Companies With Warning Letters Over Endorsements and Reviews

As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively…

Change to NCAA Policy Creates New Group of Influencers

This summer, the NCAA suspended its long-standing policy that restricted student-athletes from being able to generate income from their name, image, and likeness (commonly referred to as “NIL”). It didn’t take brands…

FDA Is Still Keeping Up With The Kardashians

When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that’s where regulators have focused…

NAD Releases Tips for Influencer Marketing

This week, NAD released five tips on influencer marketing . Here are the tips, followed by some of our own observations. 1. When working with influencers or incentivizing consumers to review your product, you may be…

NAD Addresses Disclosures on Influencer TikTok Videos

In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself.…