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.
Agenda
Faculty
Melissa Landau Steinman
Venable LLP
- Partner in the Washington, D.C. office of Venable LLP
- Assists companies advertising and marketing their products via traditional and online channels, and advises clients on the federal and state laws applicable to marketing, consumer protection and consumer product safety, with a focus on social media advertising and promotions, including sweepstakes, contests, gift cards, free gifts, coupons and rebates, loyalty programs, and advertising to children
- Has a unique understanding of the law of prize promotions, digital media, and federal and state regulatory law in the U.S. and abroad has led to engagements with a diverse clientele that includes some of the world’s largest and most prominent consumer products and services companies, retailers and hospitality providers, media and gaming companies, entertainment personalities, nonprofits, and charitable entities
- Conducts regular seminars and workshops on social media advertising and marketing, sweepstakes and promotions, loyalty programs, and running global ad campaigns
- Frequent speaker and writer on topics like social influencers, sweepstakes, gaming, gift cards, loyalty programs, and advertising and promotions on social media
- Member of the Global Advertising Lawyers’ Alliance, and served two terms as a member of the board of directors of the Brand Activation Association, now part of the Association of National Advertisers
- Wrote and edited her own Guide to Federal and State Regulation of Advertising, and contributed to the American Bar Association’s Consumer Protection Law Developments and Consumer Protection Law Handbook, BAA’s Promotion and Marketing Law (8th ed.), and Globe Law and Business’ International Advertising Law
- J.D. degree, Harvard Law School; B.A. degree, Columbia University
- Can be contacted at 202-344-4972 or [email protected]
Shahin Rothermel
Venable LLP
- Partner with Venable LLP
- Counsels and defends clients on issues involving advertising, marketing, e-commerce, privacy, social media, endorsements and testimonials, and subscription programs
- Regularly represents clients before the Federal Trade Commission (FTC), state attorneys general, district attorneys, the National Advertising Division of the Better Business Bureaus (NAD), the National Advertising Review Board (NARB), in addition to defending consumer class actions and competitor disputes in federal and state courts
- Experience defending clients allows her to provide companies with up-to-date insights into remaining compliant with constantly evolving areas of risk
- Counseling experience includes advising advertisers, retailers, affiliate networks, lead generators, advertising agencies, payment processors, ISOs, and others on compliance with Section 5 of the Federal Trade Commission Act; FTC rules and guidance; advertising substantiation; the Telephone Consumer Protection Act (TCPA); the Telemarketing Sales Rule; the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and state anti-spam laws; the Restore Online Shoppers’ Confidence Act (ROSCA) and state automatic renewal laws; state privacy laws; and state unfair and deceptive acts and practices statutes
- Drafts, revises, and negotiates marketing and advertiser agreements, as well as network and publisher agreements, and advises on the advertising and marketing risks arising from business transactions
- Helps clients develop internal and external compliance programs and policies on matters related to product claims, email, telemarketing, endorsements and testimonials, social media, influencers, and privacy
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