FTC Commissioner Proposes Making Endorsement Guides Into Rules, Seeking Stiffer Penalties
At least one FTC commissioner seems convinced that the agency’s Enforcement Guides are ripe for an update to address unscrupulous influencer marketing practices. Democrat Rohit Chopra proposes their codification into formal rules that would make violators liable for civil penalties and damages.
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Proposed changes to the FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising” depict an agency looking to crack down on fake reviews and suppression of negative ones, tighten its definition of “clear and conspicuous” disclosures, and clarify that advertisers, endorsers, intermediaries and platforms all can be held liable for their endorsement roles.
Huda Beauty beat out Estee Lauder Companies’ MAC Cosmetics as the most followed and sought-after beauty brand online in Cosmetify’s 2021 Index. Cosmetify ranks the world’s most-searched beauty brands based on Instagram metrics and Google search volume year-over-year.
Adam Waheed, an award-winning content creator with more than 17m social media followers, addresses challenges and legal risks that have escalated in recent years as influencer marketing opportunity has exploded in the US and abroad. He was joined at NAD 2021 by his manager, Leanne Perice of Made By All, and Andrew Borsen, partner at Borsen Law, LLC.