Tag archives: advertising

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

By Erin Brown (CA) on December 17, 2020 Posted in General

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

By Susan Ross (US) on June 17, 2020 Posted in General

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

Wearing out privacy: wearable technology revolutionizing social media marketing

By Daniel Daniele (CA) on February 27, 2020 Posted in Privacy

Social media has made sharing personal and professional updates easy and, in most cases, highly targeted. Facebook, Instagram, and Twitter, as well as the proliferation of new social media platforms have created a window into the lives of those who are active on these platforms. One of the biggest tensions created by social media is … Continue reading

Pixels + Social Media Influencers – Authenticity = Virtual Influencers

By Kajon Pompey (US) on February 26, 2020 Posted in General

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

By Susan Ross (US) on December 5, 2019 Posted in General

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

By Kajon Pompey (US) on November 26, 2019 Posted in Fraud

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 influencer advertising in Canada

By Daniel Daniele (CA) on March 29, 2019 Posted in General

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

The growing importance of brand optimization strategies

By Daniel Daniele (CA) on May 15, 2018 Posted in Trademark

Brand recognition and brand awareness Having a social media presence in today’s digital and fast-paced era is critical. However, having a social media presence requires a long-term strategy that includes a plan to optimize the company’s brand awareness and brand recognition. These are some of the key factors in the profitability and longevity of a … Continue reading

FTC and Social Media Influencer Endorsements

By Susan Ross (US) on September 19, 2017 Posted in General

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

How Animal Influencers Are Changing the Way Brands Advertise

By Chandler Stephens (US) on August 2, 2017 Posted in General

At this point you are probably familiar with the world of social media influencers. You might follow several on Instagram, or maybe your company partners with them to promote its products. But have you realized that the most valuable influencers may not even be human? This post will focus on animal influencers – they are … Continue reading

Stay safe on social media – New ACCC guidelines

By Georgina Hey (AU) on July 31, 2017 Posted in General

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

By Susan Ross (US) on May 25, 2017 Posted in General

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”?

By Mayura Noordyke (US) on April 11, 2017 Posted in General

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

By Chandler Stephens (US) on December 22, 2016 Posted in General

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

By Karen Sie (CA) on December 5, 2016 Posted in General

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