Advertising & Sweepstakes

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The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social media advertising, including influencer endorsements and native advertising. On February 12, 2020, the FTC announced that it had voted 5‑0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Endorsement Guides”), which were enacted in 1980[1] and amended in 2009,[2] as part of a systematic review of all current FTC rules and practices. The Endorsement Guides have steadfastly required transparency in advertising and, if there is a connection between an endorser and the company selling the product or services being advertised or promoted which, if disclosed, might affect the weight or credibility of the endorsement, such connection must be disclosed clearly and conspicuously.Continue Reading FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance

In February 2021, SAG-AFTRA’s National Board voted to approve a new Influencer Agreement.  But, the announcement included few details, leaving many Brands and so-called Influencers to wonder what’s the deal?

To date, SAG-AFTRA has not released the actual long form agreement covering Influencers, but it has posted an Influencer Agreement Fact Sheet online here.  The Fact Sheet makes clear that, for now, the Influencer Agreement is extremely narrow in reach.  Indeed, it all but places the entire onus of documentation, compliance, and pension and health contributions solely on the Influencer.  Therefore, the Influencer Agreement will allow Influencers to earn union eligibility and make their own contributions toward their own benefits.  Here are the key points for Brands and Influencers to be aware of:
Continue Reading Brands And Influencers Need To Know About SAG-AFTRA’s New Influencer Agreement

Around 311 million people in the United States—roughly nine out of ten Americans—are under instructions to “Stay Home!”

These captive audiences have resulted in a 17% increase in TV viewership across all demographics.  Indeed, adults aged 18-34—a demographic that has been increasingly difficult for advertisers to reach on ad-supported television—spent 83 million more hours watching TV during the first week of the lockdown as compared to the last week in February.
Continue Reading How the COVID-19 Lockdown will Disrupt the Upfront TV Ad Market