Tag archives: advertising

Telemedicine ads limited by Facebook

As the telemedicine industry continues to grow, especially in light of COVID-19, businesses should reconsider their policies and procedures in connection with telehealth services and user safety. Notably, Facebook recently responded to the growing use of telemedicine by amending its policies with respect to advertisements by telemedicine companies for prescription drugs. The new policy, which … Continue reading

The do’s and don’ts of doing it for the ‘gram: Limiting deceptive marketing risks on social media

Social media influencer marketing that misleads the public is on the Canadian Competition Bureau’s (the Bureau’s) list of key priorities for the foreseeable future. Brands and marketing agencies that work with influencers (as well as influencers themselves) should abide by best practices to reduce the risks of getting wrapped up in a Bureau investigation for misleading … Continue reading

FTC, celebrity influencers, and health claims

As the world struggles to move forward, our thoughts and support are with our readers and we hope for their good health and improving situations. Today’s post involves an FTC settlement that was announced just as New York was going into “lockdown” mode and so we wanted to make sure it did not escape your … Continue reading

Pixels + Social Media Influencers – Authenticity = Virtual Influencers

Social media influencer marketing has had a significant impact in the way brands reach consumers worldwide. Social media influencers are very important to platforms such as YouTube and Instagram and even more so to brands. As independent contractors, social media influencers garner more outreach than any company’s advertising team could ever hope to accomplish. From … Continue reading

Social media influencers and FTC disclosures

On November 4, 2019, the U.S. Federal Trade Commission (“FTC”) issued guidance for social media influencers to help them comply with FTC requirements relating to endorsements and disclosures. We have previously covered FTC action and guidance (including advisory letters) in this area, but the FTC has refined and updated its advice a bit:… Continue reading

Deception sells: The current theme in the age of social media

In this age of social media, companies and brands have faced countless criticisms for their lack of transparency, copyright infringements disguised in the form of “flattery or inspiration” and we can’t forget the many inclusivity flops. Brands, including beauty brands, are now dedicating more of their marketing budgets to paying influencers for their “honest” reviews … Continue reading

Social media and corporate executive responsibility

Corporations that sell to consumers and are subject to consumer lawsuits commonly receive deposition demands for top executives. Corporations can frequently defeat these demands by showing that the executives did not participate or have control over the matter at issue. But a recent ruling from a federal trial court in California demonstrated how controlling social … Continue reading

Monkeying around on social media could land you with a defamation suit

As a wise person once said, truth often is stranger than fiction. The US Court of Appeals for the Fourth District of Texas (the “Appellate Court”) recently decided Hosseini v. Hansen, a bizarre case involving the intertwining of a tax preparation business, primate trainers and enthusiasts, and a defamation claim. Despite the unique factual circumstances, … Continue reading

Social media influencer advertising in Canada

Influencer marketing is increasing in popularity in Canada and can be an effective way to promote your brand. Influencers are online personalities that use social media to share their expertise and opinion about products or brands with their followers. In order to tap into the influencer’s network, businesses pay or otherwise compensate influencers to share … Continue reading

Trademarks, social media and lessons learned

On June 14, 2018, a federal trial court in New York issued a decision relating to a restaurant owner’s claim that the restaurant manager was using the owner’s trademarks on social media in violation of the federal trademark law known as the Lanham Act. The trial court denied the owner’s claim, in a ruling that … Continue reading

Entering a new age of virtual reality

Experiencing virtual reality The line between the digital world and the physical world is becoming increasingly blurred as we enter an era of virtual reality (VR).  VR can be defined as a “computer technology that uses virtual reality headsets…to generate realistic images, sounds and other sensations that simulate a user’s physical presence in a virtual … Continue reading

Social Media Evidence and Pay-Per-View TV

We have previously written about social media posts and advertisements being used as evidence in a variety of legal cases (most recently, a post relating to emojis).  A federal court in Pennsylvania recently used two social media advertisements—from a source the court could not identify—as evidence to support a finding of “willfulness” and to award … Continue reading

FTC and Social Media Influencer Endorsements

On September 7, 2017, the U.S. Federal Trade Commission (FTC) announced that it had entered into a proposed consent agreement with two individuals and their company that allegedly ran an online gaming community website that allowed users to gamble virtual currency.  According to the FTC complaint, the two individuals promoted the gaming site and not … Continue reading

Stay safe on social media – New ACCC guidelines

Businesses shelling out big bucks for prime advertising space are used to paying close attention to content, for the sake of the bottom line as well as out of respect for consumer law. However, it may not feel as natural and cost-effective to apply the same scrutiny to an Instagram caption. Why invest the business resources … Continue reading

FTC, Instagram Posts, and Endorsement Guides

On May 4, 2017, the public received access to the U.S. Federal Trade Commission’s (FTC) advisory letters to approximately 45 companies and 45 celebrities/bloggers relating to potential “endorsements” on Instagram.  As a result, we now have some additional guidance on the FTC’s expectations with respect to its Endorsement Guides.… Continue reading

Advertising on the Internet – What Makes a Disclosure “Clear and Conspicuous”?

Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement. As we have previously discussed, the FTC … Continue reading

FDA Proposes New Research on Social Media Promotion of Prescription Drugs

The U.S. Food and Drug Administration (“FDA”) regulates the use of social media to disseminate information about prescription drugs and medical devices. Our blog previously covered the social media guidance released by the FDA in 2014, and a sampling of Warning and Untitled Letters that the FDA has issued to drug manufacturers advertising on Twitter, … Continue reading

Who paid you to post that? Truth and Transparency in International Advertising

Social media personalities who have tweeted, grammed, Vine’d and snapped their way to stardom have no doubt caught the attention of businesses large and small. Much like how professional athletes and other celebrities are paid to endorse products, businesses and retailers have increasingly turned to recognized social media personalities (often called “influencers”) to recommend their … Continue reading
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