FTC investigations and enforcement actions often follow in the wake of new staff guidance. Accordingly, AI marketers would be well-advised to carefully evaluate the claims they are making to ensure they are not exaggerating what their algorithms can do. Marketers also should confirm that their AI ...
Back in March of 2020, the FTC obtained a settlement from Teami for improperinfluencer marketing practices. Teami sells herbal teas that are supposed to promote weight loss and other health benefits. However, the company has never had studies done to verify these claims, potentially violating tru...
Environmental marketing claims: industry welcomes long-sought guidance from FTC. (Federal Trade Commission) (includes related information)(Food Regulations) (Column)Van Wagner, Lisa R
She explained it like this: “One of the recurring issues we see with the environmental claims is the use of relative standards (i.e., Michelle speaks 20 words of Spanish and Tiffany speaks one so Michelle is fluent in Spanish) rather than what the standard actually is under the [FTC’s...
The Federal Trade Commission (FTC) has issued new guidance on how and when social media influencers must disclose their connections with paid endorsers. Its new guide, “Disclosures 101 for Social Media Influencers,”makes clear that when an influencer endorses a product through social media, he...
While the FTC has gone to great pains on various iterations of press releases, reports and business guidance documents to warnhowAI and its inputs may result in outcomes such as unfair business practices, bias or discrimination; decoding how the FTC will regulate these outcomes remains simpl...
The FTC provides new guidance on what constitutes an “endorsement.” In one example, an influencer uses a product that a manufacturer sent him for free and comments on it favorably in a video. It’s no surprise that the FTC concludes that the comments con...
FTC-compliant guidance concerning evidentiary substantiation of claims Legal advice concerning claims relating to clinical investigations of dietary supplements Contract advice and drafting for clinical studies and other research involving dietary supplements Legal advice for compliance with FDA import and export...
The guidance for videos is the same as for websites or blogs.What if I return the product after I review it? Should I still make a disclosure?That may depend on the product and how long you are allowed to use it. For example, if you get free use of a car for a month, a ...
the claims are not inconsistent with any determination that has been made by the Food and Drug Administration with respect to the drug or device that is the subject of the claim. When there exists a connection between an expert endorser and the seller of the advertised product which might mate...