FTC Endorsement Guides and Proposed Rule on Reviews and Disclosures: What Influencers and Advertisers Need to Know
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide counsel on the FTC's updated endorsement guides. The panel will discuss the potential liability for advertisers, endorsers/influencers, and intermediaries, as well as the specific guidance for influencers on when and how to disclose connections on the various platforms.
Outline
- Updated Endorsement Guides
- Consumer reviews
- Incentivized review
- New definitions
- Proposed rule for fake reviews and testimonials
- Implications for advertisers
- Implications for influencers and guidance for influencers
- Best practices
Benefits
The panel will review these and other key issues:
- How do the new Guides and proposed rulemaking change things for influencers and advertisers?
- What red flags do brands need to watch for?
- What steps should counsel take to ensure compliance with the updated Guides?
Faculty
Kim Bousquet
Counsel
Davis Wright Tremaine
Ms. Bousquet has practiced in food and agriculture industry litigation for over 15 years. As a litigator, she has... | Read More
Ms. Bousquet has practiced in food and agriculture industry litigation for over 15 years. As a litigator, she has handled everything from simple breach of contract cases to highly complex multi-district litigation, class action defense, and Lanham Act cases. Ms. Bousquet practices in both federal and state courts, before regulatory bodies, in arbitrations, and in the BBB's National Advertising Division. She also advises industry clients on FDA, USDA, state, and local regulatory compliance and all matters relating to the Federal Food, Drug, and Cosmetic Act, the Food Safety Modernization Act, and other laws and pending legislation impacting the food and beverage industry. She has represented some of the industry's largest companies across a broad spectrum—from food producers and agribusinesses to restaurant groups, supplement manufacturers, pet food makers, biotechnology corporations, and biofuel companies.
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Alexa Meera Singh
Attorney
Davis Gilbert
Ms. Singh takes a creative approach to counseling agencies, advertisers, and global brands. She addresses complex legal... | Read More
Ms. Singh takes a creative approach to counseling agencies, advertisers, and global brands. She addresses complex legal issues that arise in advertising, marketing and media activities, and helps clients navigate regulatory requirements of the Food & Drug Administration, Federal Trade Commission, Consumer Product Safety Commission, and other state and federal agencies while adhering to industry-specific mandates. Ms. Singh supports client solutions as early as the initial concept development stage by advising on claim substantiation and advertising copy, assisting with regulatory reviews and approvals, and developing compliance programs. In addition, she frequently advises on social media and influencer marketing campaigns as well as sweepstakes, contests, and promotions. Ms. Singh also helps draft and negotiate agreements concerning brand campaign activations and supports the development and licensing of consumer products and IP.
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Morgan E. Smith
Partner
Finnegan
Ms. Smith focuses on trademark and false advertising litigation. She litigates cases and manages enforcement efforts... | Read More
Ms. Smith focuses on trademark and false advertising litigation. She litigates cases and manages enforcement efforts for some of the world’s most renowned brands, representing clients in a diverse range of industries, including sports equipment, apparel, food and beverage, travel, consumer electronics, personal healthcare, video games, pet products and services, automotive, and telecommunications. Ms. Smith’s comprehensive practice includes handling federal district court cases and cancellation and opposition proceedings before the TTAB. She has worked on winning requests for seizures of counterfeit goods and related assets, requests for injunctive relief and temporary restraining orders, class certification briefs, and summary judgment briefs. Strategic enforcement counseling is an important part of Ms. Smith’s practice. She counsels clients with large international portfolios on enforcement of trademark rights in the U.S. and abroad.
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