June 12, 2015
Major enforcement agencies, notably in the United States (U.S. FTC) and Canada (Competition Bureau), have been increasingly focusing on misleading online testimonials and disclaimers. In this respect, earlier this week Canada’s Competition Bureau launched a new advertising law publication with the first issue focusing on digital marketing issues (see: here).
These issues have also been a focus of the U.S. FTC, which has recently updated its rules on online endorsements and testimonials. Brian Heidelberger of Winston & Strawn in Chicago has posted a very good “mini law lesson” video of the U.S. FTC’s new position. Many of the tips are also good practices for Canadian brands and agencies. Republished with permission.
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FTC Updates Its FAQs on Endorsements
and Testimonials in Social Media
Brian Heidelberger
(Chair, Advertising, Marketing and Privacy – Winston & Strawn LLP)
The FTC has elaborated on its rules on endorsements, making plain that it’s not enough to just link to disclosures about paid endorsements online, to make your disclosures far from the paid action or to otherwise leave things at all unclear. Watch attorney Brian Heidelberger’s brisk walk through the rules: FTC Updates Its FAQs on Endorsements.
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Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
