A recent Tenth Circuit decision in KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. July 14, 2026), holds that third-party materials reached through hyperlinks embedded on a website can constitute commercial speech for purposes of a false advertising claim under the Lanham Act. Here, the court opined that a company’s own commercial speech may include third-party content that it intentionally incorporates through hyperlinks and references when those materials function as part of the company’s promotional message. Why This Matters? What companies direct consumers to read matters, particularly when a business intentionally directs consumers to third-party content as part of its own marketing message. In such a situation a court may determine that the linked content is part of the company’s own commercial speech. When a company intentionally directs consumers to third-party content for promotional purposes using hyperlinks on its own website, such speech is evaluated as part of the directing company’s commercial speech and the company may have incorporated the destination content into its own promotional message. For digital marketers, this decision is noteworthy. Regulatory agencies such as the FTC and state Attorneys General may leverage this decision to assess the scope of potential liability for promotional communications and substantive claims on third-party websites. In other words, that linked third-party content should reasonably be considered part of a company’s overall promotional campaign. Digital marketers should consult an experienced FTC compliance lawyer to review hyperlinks and the content to which it directs consumers. From scientific studies to influencer programs, this holding makes clear that the entire scope of a company’s promotional programs may be at issue. Takeaway: because a company deliberately embedded links to third-party content within its own website, they may be found to function as part of the company’s commercial speech. Courts may look to the promotional materials and pathway as a whole, including generative AI, rather than treating the hyperlinked materials independently. Richard B. Newman is an advertising practices attorney at Hinch Newman LLP. Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising. Filed under: Affiliate Marketing, Article, Blue Book, Featured, Guest Posts Tagged under: affiliate marketing, Compliance, FTC, Legal About the Author Richard B. Newman Richard Newman is an FTC defense lawyer at Hinch Newman LLP. He is a nationally recognized FTC defense lawyer and advertising compliance attorney. He regularly provides advertising counsel and represents clients in high-profile investigations (CIDs) and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard’s practice also concentrates upon transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements.