Advertising Law Blog

The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) are expected to increase enforcement against misleading advertising on social media in 2016. The Consumer Financial Protection Bureau (CFPB) will most likely follow suit, so advertisers will need to be mindful of relevant federal rules. The agencies have already issued numerous warning letters over companies’ marketing practices to insure advertising compliance. Lustigman notes that increased enforcement usually follows new guidance and “The FTC telegraphs that it will bring increased enforcement in a given area after first announcing guidance, potentially bringing one or more enforcement actions to demonstrate that the agency is serious.” Social media advertising content should be consistent with FTC and FDA rules because Lustigman says “I would expect stepped up enforcement against noncompliant sponsored social media posts to be around the corner.”