July 31, 2015
Partner Gonzalo E. Mon was quoted in the Law360 article “FTC's Social Media Promotion Guide Has Marketers Confused.” In May, the Federal Trade Commission (FTC) revised its advertising endorsement guidelines to address for the first time the tricky topic of rewarding consumers for endorsing a product on social media. But its new guidance leaves companies guessing at how to use new media channels without running afoul of the agency. “They said that it might constitute endorsement and you should disclose but we realize no good way to do that,” said Mr. Mon. He also noted that the FTC clarified its expectations for reviews or endorsements that come from a company’s own employees. “They clarified that on Twitter the fact that you list your employer is not enough, because if someone looks at a tweet they’re unlikely to follow back to the profile and make that connection. The disclosure has to be right there in the tweet itself.”
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