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FTC Guides for Endorsements and Testimonials in Advertising: 2022 Update and Recent Developments

Understand the latest developments at the FTC and how to work with influencers and sponsored content in advertising and marketing.

Over the years, the Federal Trade Commission (FTC) has become increasingly active in seeking to regulate how advertisers and influencers can effectively and legally communicate with the consuming public. By issuing revised Guides Concerning the Use of Endorsements and Testimonials in Advertising, by bringing (and settling) a series of enforcement actions against brands, agencies, and the influencers themselves, and by sending letters to those using influencer advertising, the FTC has sought to make it clear that it expects clear and conspicuous disclosures of material connections in compliance with the endorsements rules and other FTC principles. Review recent developments at the FTC and the agency's baseline expectations for compliance with influencer marketing and sponsored content, including disclosures, monitoring, and training by advertisers, and a breakdown on recent legal cases where companies or influencers have been penalized. Review recent warnings and announcements by the commission on naughty and nice words. Learn what native advertising means and when disclosures are required in content, as well as best practices on how to comply with the rules across social media channels and different types of advertising. The material will also cover guidance on the proper use of consumer reviews in advertising, including how to properly disclose incentivized reviews and properly use aggregate reviews in advertising claims.

66 minutes
Course Exam
Certificate of Completion
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Are the Latest Developments Regarding the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising?

  • What's Going on at the FTC?
  • What Is the Status of the Updates to the Guides?
  • What's the Story With the FTC's Notice of Penalty Letters?

How Is the FTC Regulating Influencers and Sponsored Content?

  • Who Is Regulating Influencers and Sponsored Content?
  • Sources of Influencer Marketing Requirements and Guidance
  • Rules of the Road: Bedrock Principles
  • How to Disclose on the Different Platforms
  • What Does FTC Compliance Really Mean Today?
  • How to Apply the Endorsements and Testimonials Rules to Different Types of Campaigns and Platforms

eInfluencers

Kids and Families: Special Considerations With Children

Promotions

Offline and Experiential

Sports Influencer Updates

How Is the FTC Regulating Reviews?

  • Incentivized Claims
  • Aggregate Claims
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on March 2, 2022.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CO CLE 1.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 1.0 credit hours.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • FL CLE 1.0 including State & Federal Government Administrative Practice 1; Business Litigation 1
     
  • This course has been approved by The Florida Bar for a total of 1.0 hours of CLE credit. The course is approved for the following: State & Federal Government Administrative Practice for 1.00 hour and Business Litigation for 1.00 hour.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IA CLE 1.0
     
  • FTC Guides for Endorsements and Testimonials in Advertising: 2022 Update and Recent Developments is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MN CLE 1.0
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
     
  • NC CLE 1.0
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.0 CLE hours.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OR CLE 1.0
     
  • Approved for 1.0 CLE credits in Oregon.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.08
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
     
  • TX MCLE 1.0
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.0 hours of CLE credit.
     
  • UT CLE 1.0
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0
     
  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • OR CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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Shahin Rothermel

Venable LLP

  • Partner with Venable LLP
  • Counsels and defends clients on issues involving advertising, marketing, e-commerce, privacy, social media, endorsements and testimonials, and subscription programs
  • Regularly represents clients before the Federal Trade Commission (FTC), state attorneys general, district attorneys, the National Advertising Division of the Better Business Bureaus (NAD), the National Advertising Review Board (NARB), in addition to defending consumer class actions and competitor disputes in federal and state courts
  • Experience defending clients allows her to provide companies with up-to-date insights into remaining compliant with constantly evolving areas of risk
  • Counseling experience includes advising advertisers, retailers, affiliate networks, lead generators, advertising agencies, payment processors, ISOs, and others on compliance with Section 5 of the Federal Trade Commission Act; FTC rules and guidance; advertising substantiation; the Telephone Consumer Protection Act (TCPA); the Telemarketing Sales Rule; the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and state anti-spam laws; the Restore Online Shoppers’ Confidence Act (ROSCA) and state automatic renewal laws; state privacy laws; and state unfair and deceptive acts and practices statutes
  • Drafts, revises, and negotiates marketing and advertiser agreements, as well as network and publisher agreements, and advises on the advertising and marketing risks arising from business transactions
  • Helps clients develop internal and external compliance programs and policies on matters related to product claims, email, telemarketing, endorsements and testimonials, social media, influencers, and privacy
Melissa Landau Steinman

Melissa Landau Steinman

Venable LLP

  • Partner in the Washington, D.C. office of Venable LLP
  • Assists companies advertising and marketing their products via traditional and online channels, and advises clients on the federal and state laws applicable to marketing, consumer protection and consumer product safety, with a focus on social media advertising and promotions, including sweepstakes, contests, gift cards, free gifts, coupons and rebates, loyalty programs, and advertising to children
  • Has a unique understanding of the law of prize promotions, digital media, and federal and state regulatory law in the U.S. and abroad has led to engagements with a diverse clientele that includes some of the world’s largest and most prominent consumer products and services companies, retailers and hospitality providers, media and gaming companies, entertainment personalities, nonprofits, and charitable entities
  • Conducts regular seminars and workshops on social media advertising and marketing, sweepstakes and promotions, loyalty programs, and running global ad campaigns
  • Frequent speaker and writer on topics like social influencers, sweepstakes, gaming, gift cards, loyalty programs, and advertising and promotions on social media
  • Member of the Global Advertising Lawyers’ Alliance, and served two terms as a member of the board of directors of the Brand Activation Association, now part of the Association of National Advertisers
  • Wrote and edited her own Guide to Federal and State Regulation of Advertising, and contributed to the American Bar Association’s Consumer Protection Law Developments and Consumer Protection Law Handbook, BAA’s Promotion and Marketing Law (8th ed.), and Globe Law and Business’ International Advertising Law
  • J.D. degree, Harvard Law School; B.A. degree, Columbia University
  • Can be contacted at 202-344-4972 or [email protected]
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409561
Published 2022
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