Sponsored Endorsements: FTC Isn't Your Only Concern

Law360 (January 29, 2019, 3:09 PM EST) -- There has been a yearslong push by the Federal Trade Commission to raise awareness among brands, advertising agencies, influencers and the public of potentially deceptive practices relating to sponsored endorsements. In the spring of 2017, the FTC sent warning letters to 91 brands and influencers, with many follow-up letters later that year. Although the FTC has continued to monitor compliance, the expected "bang" in enforcement actions has yet to arrive. Nevertheless, paid endorsers have created quite a bit of legal trouble for themselves and their sponsors.

In recent months, the FTC has reached consent judgments in two cases that focused on...

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