Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: On Notice Series

On Notice: Disclosing Unexpected Material Connections in Advertising

By Baldassare Vinti, Anisha Shenai-Khatkhate and Jessica Griffith on Posted in Deceptive Trade Practices, FTC, Social Media
In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser and an endorsing party. Per the FTC’s Notice of Penalty Offenses, “[i]t is an unfair or deceptive trade practice to … Continue Reading

On Notice: Unsubstantiated or Unrepresentative Testimonials

By Baldassare Vinti, Jennifer Yang and Amy Gordon on Posted in Deceptive Trade Practices, FTC
Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive performance claims even if such testimonials genuinely reflect the endorser’s own experience, and (2) misrepresent explicitly or implicitly that the experience described by endorsers … Continue Reading

On Notice: Continued Use of Endorsements

By Baldassare Vinti, Jennifer Yang and Anisha Shenai-Khatkhate on Posted in Deceptive Trade Practices, FTC
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an endorsement unless the advertiser has good reason to believe that the endorser continues to subscribe to the views … Continue Reading

On Notice: Misattributed, False, or Mischaracterized Endorsements

By Baldassare Vinti, Jeff Warshafsky, Anisha Shenai-Khatkhate and Alyson Tocicki on Posted in Announcements, Deceptive Trade Practices, FTC, NAD/NARB/CARU/ERSP, Regulatory
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed, mischaracterized, and fabricated endorsements – practices that the FTC highlighted in its Notice as unfair or deceptive. In particular, the FTC stated that: It is an unfair or deceptive trade practice to make claims which … Continue Reading

On Notice: Procedural Overview of the FTC’s Section 5 Penalty Offense Authority

By Lawrence Weinstein, Jennifer Yang and Timothy E. Burroughs on Posted in FTC, Regulatory
As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use endorsements or testimonials in an unfair or deceptive manner. These letters are the first step for the … Continue Reading

On Notice: FTC Issues Warning to Hundreds of Companies Regarding the Use of Fake Reviews and Other Misleading Endorsements in Online Marketing Campaigns

By Lawrence Weinstein, Jeff Warshafsky and Jessica Griffith on Posted in Announcements, Deceptive Trade Practices, FTC, Regulatory
Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade Commission last week sent more than 700 companies a Notice of Penalty Offenses warning them against the use of deceptive endorsements in their online advertising.  The Notice advises recipient companies that engaging in … Continue Reading
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