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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

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Conducted on Tuesday, September 26, 2023

Recorded event now available

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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.

Description

The FTC recently announced updates to its Guides to the Use of Endorsements and Testimonials in Advertising and companion FAQs. The Guides were last updated in 2009. The FTC also proposed a new rule to fight against fake reviews and testimonials. The FTC is keeping a close eye on what companies and influencers are doing.

It is critical for companies to have in place clear policies that address the use of influencers, testimonials, and reviews. The FTC provides definitions for "clear and conspicuous" and "endorsements" and specific guidance for influencers and other endorsers. The updated Guides address the liability of advertisers, endorsers/influencers, and intermediaries.

Listen as our authoritative panel of IP and advertising attorneys examines the updated endorsement guides and their changes for consumer reviews, incentivized reviews, and fake reviews. 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.

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Outline

  1. Updated Endorsement Guides
    1. Consumer reviews
    2. Incentivized review
    3. New definitions
  2. Proposed rule for fake reviews and testimonials
  3. Implications for advertisers
  4. Implications for influencers and guidance for influencers
  5. 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

Bousquet, Kim
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

Singh, Alexa
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

Smith, Morgan E.
Morgan E. Smith

Partner
Finnegan

Ms. Smith focuses on trademark and false advertising litigation. She litigates cases and manages enforcement efforts...  |  Read More

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