David Mallen, co-chair of Loeb & Loeb’s Advertising Disputes practice and chair of the firm’s Retail & Consumer Brands department is joined by Advanced Media & Technology partner Libby O’Neill and associate Jennifer Savitt to discuss common challenges and practical solutions to navigate the new Federal Trade Commission (FTC) guidelines including social media ads and disclosures, proposed rules for customer reviews, and recent enforcement actions from the FTC and National Advertising Division (NAD).

Before the FTC released draft guidelines in 2022, new guidelines had not been released since 2009—a period when the power of influence online had only begun to scratch the surface. Since then, businesses and advertisers have long created their interpretations of endorsement guides as they pertain to what classifies as deceptive or misleading language.

On the surface, the 2023 FTC endorsement guidelines are not drastically different from 2022, making it essential for businesses to read them with a fine-tooth comb to understand the new, detailed language. As witnessed with recent FTC and NAD enforcements against major brands, agencies, and influencers, businesses must pivot their prior advertising practices to stay in compliance.

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