2018 - Native Advertising, Endorsements and Influencers – How to Comply with FTC Guidelines

OVERVIEW
The use of native advertising, endorsements and influencers has been standard marketing practice for many brands. These marketing techniques are designed to give the impression that the ad isn’t really an ad. Native advertising gives the appearance of non-commercial content; endorsements and influencers give the impression that brand opinions are given freely. In December 2015, the FTC released its Enforcement Policy Statement on Deceptively Formatted Advertisements governing the use of native advertising. The FTC had also issued its Guides Concerning the Use of Endorsements and Testimonials in Advertising which were updated in September 2017. This webinar will provide participants the ability to identify native advertising, endorsements and influencer marketing. It will explore the underpinnings of the FTC’s guidelines as well as provide best practices for compliance with the FTC guidelines. The webinar will also discuss recent FTC actions taken against brands and influencers and the steps needed for compliance as addressed by the FTC in these actions.
WHY SHOULD YOU ATTEND
Brands, marketing agencies, their general counsel, and legal practitioners in advertising and marketing should attend this webinar in order to understand the requirements for complying with the FTC’s directives on native advertising, endorsements and influencers, since the FTC has recently given express notice that it believes these are important advertising issues and that it believes that many marketers are not complying with its directives.
For example, recently, the FTC has charged Lord & Taylor and Warner Brothers with the improper use of influencers, and has separately sent over 90 warning letters to brands and influencers concerning their marketing on Instagram. In addition, many social media sites have recently introduced features to allow for proper disclosure, but which may not be sufficient for the FTC.
There have been multiple pronouncements by the FTC on these topics, including regulatory provisions and FAQs. You should attend this webinar to ensure that you are up-to-date on the FTC’s thinking and actions.
Brands are continuing to try to find the right balance between effective advertising on social media and staying in compliance with the FTC guidelines. Many ad campaigns do not fit nicely into a simply yes or no under the FTC guidelines. You should attend this webinar so you have sufficient knowledge to make the tough advertising decisions.
Penalties for non-compliance have been harsh and the FTC’s recent interest in this area foretells of a need to ensure that brands and marketers are well-aware of their obligations.
AREAS COVERED
This webinar will cover the FTC’s guidelines on native advertising, endorsements and influencers. The FTC has issued much guidance in these areas, including the FTC Enforcement Policy Statement on Deceptively Formatted Advertisements; the FTC Native Advertising: Guide for Businesses; the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; the FTC’s Endorsement Guidelines: What Are People Asking; and the FTC’s Enforcement Guidelines for Sponsorships on Social Media and With Influencers.
Through an examination of these guidelines, along with the practical examples provided by the FTC, this webinar will provide the ability to identify when a particular ad falls within the FTC’s guidelines and what actions and disclosures need to be made in order to comply with the FTC’s directives. In particular, the webinar will discuss the necessary (and different) disclosures that are required in the different forms of media.
The FTC has also commenced a number of enforcement actions in these areas against major brands, marketers and influencers, which has provided additional guidance through consent orders issued compelling companies to adhere to or refrain from certain actions in social media advertising. This webinar will examine the facts of the major cases, identify areas where problems arose, and consider the reasons for the directives contained in the consent orders.
Many social media sites have also implemented features to help brands make proper disclosures; however, the FTC has not formally approved these types of disclosures. This webinar will examine the pros and cons of such features and whether additional disclosures should be made.
The webinar will also provide best practices when using social media influencers on an ad campaign, including how to obtain compliance from the influencer who typically is given broad discretion for his/her posts.
Last, the FTC has recently issued warning letters to over 90 brands and influencers reminding them of their obligations to comply with its guidelines. This webinar will discuss where the FTC has concerns and what is the future for these types of advertising.
LEARNING OBJECTIVES
Native Advertising, Endorsements and Influencers are three interrelated topics widely used in marketing today. These marketing techniques have been recently addressed by guidelines established by the FTC along with mounting FTC enforcement actions. From this webinar, you will learn how to identify whether a particular form of advertising is governed by the FTC guidelines as well as best practices when engaging in these practices and how, when and where to make to proper advertising disclosures in order to avoid trouble with the FTC.
WHO WILL BENEFIT
Brands, ad agencies, marketers and their general counsel.
Legal practitioners in the areas of marketing, advertising and promotions.
SPEAKER
Rob is a partner at Verrill Dana LLP in its Westport, Connecticut office. His practice focuses primarily on advertising, marketing and promotion law and business litigation.
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