Welcome to Retro-Grade, another new series from Foley Hoag’s Advertising and Marketing Law blog. Here we take a trip down memory lane, looking at classic American ads from days gone by and examining issues that might arise if those ads were run today. As the name of the series implies, we give each ad a grade. We are not at liberty to disclose the details of our proprietary grading scheme,… More
Tag Archives: FTC Guidelines
This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who endorses a product or service. The basic premise of the Endorsement Guides is that, if there exists a material connection between the influencer who is endorsing the product and the company that is marketing the product (e.g.,… More
This post first appeared in Law360 as “10 Considerations When Advertising On Social Media,” published on September 21, 2016.
Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional advertising also govern commercial speech on social media.… More