In the United States, popular guidance documents include:
- Endorsements. From reviews by bloggers to contests on sweepstakes, the FTC’s Endorsement Guides and the related documents offer guidance on what the FTC expects to see (and not see). The Securities Exchange Commission has also issued guidance on endorsements of securities and advisors. See our post on the FTC’s Endorsement Guides.
- Online Behavioral Advertising. The Interactive Advertising Bureau, the American Association of Advertising Agencies, the Association of National Advertisers, the Direct Marketing Association and the Council of Better Business Bureaus (BBB) have adopted some self-regulatory principles for online behavioral advertising. The BBB has begun enforcing these principles.
- Prescription Drugs and Medical Devices. The U.S. Food and Drug Administration has issued guidelines relating to the use of social media to disseminate information about prescription drugs and medical devices. See our post on the guidelines.
- Privacy. From the first security breach notification law to a requirement about privacy notices disclosing third-party sharing (including social media buttons), California’s Attorney General has provided businesses with recommended practices relating to privacy, including guidance for online privacy policies.
- Securities and Banking. The Financial Industry Regulatory Authority (FINRA) has provided some FAQs on social media and statements to investors. The SEC has issued guidance for investment advisors using social media. The Federal Financial Institutions Examination Council (FFIEC) has issued guidance for banking institutions in their communications with consumers.
