On January 5, 2024, the Federal Trade Commission (FTC) published an article discussing privacy issues related to the DNA information that many consumers provide to genetic testing companies. This post outlines key takeaways from the article and recent FTC enforcement actions, emphasizing the privacy implications for consumers and the responsibilities…
It’s no secret that every move you make on the internet can be tracked. Even when you are not actively searching, scrolling through a social media feed, or using your phone to navigate to a new local restaurant, your digital behavior can be tracked, analyzed, stored, marketed, and sold. But…
It might be a little meta to have a blog post about a blog post, but there’s no way around it when the FTC publishes a post to its blog warning companies that use AI to “[h]old yourself accountable—or be ready for the FTC to do it for you.” When…
When the first social media hashtag was used in 2007, users had no idea how ubiquitous hashtags would become. Today, hashtags are an essential part of our lives (and a subject we’ve been writing about for years). From marketing a business to garnering support for a cause, hashtags have become…
Society is driven by word-of-mouth endorsements. Likewise, it’s instinctive to share self-prescribed remedies that alleviate our various ailments. A colleague recommends ginger tea for a cold. A friend tells you how lavender essential oil helps with anxiety and insomnia. We habitually rely on such recommendations. However, a business making such…
By now, most people know that advertising on social media requires certain disclosures so as to avoid the ire of the Federal Trade Commission (FTC), which is tasked with protecting consumers from fraudulent, deceptive and unfair business practices. FTC rules concerning advertising on social media track the basic rules of…
Computer-generated imagery (CGI) is the application of 3D computer graphics to special effects. CGI is used in films, television programs and, most recently, on social media. These images are not limited to modeling and practicing yoga … they even attend red carpet premiers. Technological advances may make CGI influencers better…
Be clear. Be open. Be upfront. That’s what influencers need to do to build a following. But those same standards could just as easily describe the legal guidelines applicable to influencers Fall short, and influencers may violate the law. As we’ve chronicled on this blog, influencers in the United States…
Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as Lord & Taylor and Warner Brothers, this marks the first time the FTC has pursued…
As we have written about time and time again, and as celebrities and influencers gain more and more followers on social media platforms such as Instagram, Snapchat and Twitter, they must exercise care when endorsing the use of sponsored products and services. Under the current legal landscape, posting endorsements on…