Affilate Marketing Inside Scoop
In February 2020, the Federal Trade Commission announced that it is seeking public comment on whether to make changes to its Endorsement Guides (the “Guides”) as part of the FTC’s regular review of current FTC rules and guides. Last amended in 2009, the Guides are intended to ensure that advertising
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The Federal Trade Commission’s enforcement authority, including its ability to obtain equitable monetary relief under Section 13(b) of the FTC Act, is under siege. In fact, three cases are now pending Supreme Court review have the potential to significantly threaten the FTC’s enforcement authority. Calendar year 2019 brought landmark decisions in
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Contempt Action Against Dietary Supplement Marketers FTC lawyers require that dietary supplement marketers possess a “reasonable basis” for making representations pertaining to the purported health benefits of dietary supplements and nutraceuticals. More specifically, marketers must possess “competent and reliable scientific evidence.” The Federal Trade Commission also requires that marketers comply with stipulated
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The Federal Trade Commission recently released “Disclosures 101 for Social Media Influencers.” The guidance is accompanied by informational videos and emphasizes the agency’s commitment to enforcing compliance with the Endorsement Guides. The publication is specifically directed at social media and online influencers. It should be of interest to brands, agencies used
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The Federal Trade Commission has not been shy when making it known that it continues to devote substantial resources to police the Endorsement Guides and multi-level marketing schemes. Endorsement Guide Enforcement In October 2019, the FTC announced that it dropped the hammer on marketing practices of a company that allegedly used bogus
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A recent decision from the U.S. Court of Appeals for the Seventh Circuit could potentially have a significant impact on the ability of the Federal Trade Commission to obtain monetary restitution against marketers for unfair or deceptive conduct. The underlying case involved allegations by the FTC directed toward the operator of
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The Federal Trade Commission aggressively investigates and enforces health-related advertising claims. On September 10, 2019, FTC lawyers announced that warning letters have been sent to three companies that sell oils, tinctures, capsules, “gummies” and creams containing cannabidiol, a chemical compound derived from the cannabis plant. According to the FTC, each company has
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