• Best CPA Networks
  • Best Cost-Per-Sale Affiliate Networks
  • Best Pay-Per-Call Networks
  • mThink Digital
  • Thought Leadership
    • White Papers
  • About
    • Content Marketing
    • Content Strategy
      • Web Content
      • Social Media Strategy
      • Webinars & Video
      • Thought Leadership
    • Performance Marketing
    • Portfolio
      • Revenue Performance
      • Accenture
      • Microsoft
      • Java Detour
      • Our Process
    • Contact Us

mThink

Blue Book Logo

BlueBook Logo

The Trusted Name in Performance Marketing

ROS Leaderboard

  • Home
  • Blue Book
    • About Blue Book
    • Blue Ribbon Panel
    • Interviews
    • Research Methodology
    • Back Issues
    • Advertising
      • Website Creative Specifications
      • Newsletter Creative Specifications
  • Best CPA Networks
  • Best Cost-Per-Sale Affiliate Networks
  • Best Pay-Per-Call Networks
  • Best European CPA Networks
  • Best CPA Networks for Affiliates
  • Best CPA Networks for Advertisers

FTC Warns Marketers and Social Media Platforms About COVID-19 Claims

May 13, 2021 by Richard B. Newman

In April 2021, the Federal Trade Commission announced that it forwarded a tenth set of warning letters to marketers, directing them to stop making unsubstantiated express and implied claims that their products and therapies can prevent or treat COVID-19.  According to the FTC, all of the marketers that the FTC contacted complied with the agency’s demand to stop making such claims.

The warning letters cite the COVID-19 Consumer Protection Act, which provides that for the duration of the COVID-19 public health emergency, the FTC is entitled to seek civil penalties of up to $43,792 per violation from marketers that make deceptive claims related to the treatment, cure, prevention, mitigation or diagnoses of COVID-19, or a government benefit related to COVID–19.

Importantly, the Federal Trade Commission did not just contact marketers regarding these claims.  In instances where such claims were disseminated via social media or other platforms, the FTC copied them, as well, suggesting that the FTC is requesting the assistance of platform operators.  Such platforms include Facebook, Instagram, Shopify, Twitter and YouTube.  Query whether the FTC might potentially seek to hold platform operators liable for permitting the dissemination of such claims, going forward.

The warnings targeted numerous treatments and therapies, such as chiropractors, exercise, peptide therapies, vitamin injections, infrared saunas and dietary supplements.

FTC lawyers have demonstrated a commitment to COVID-19 related enforcement, including the first action under the COVID-19 Consumer Protection Act that seeks monetary penalties for alleged deceptive marketing of purported treatments.  Specifically, the marketer has been charged with falsely claiming that its vitamin D and zinc products are scientifically proven to treat or prevent COVID-19.

In an FTC blog post entitled “Advertisers: Stop unproven COVID claims or face penalties under new law,” the agency states “the resounding message to others is to take down your COVID misrepresentations now.”

Consult with an experienced FTC defense attorney if you are interested in discussing applicable claim substantiation requirements and FTC regulatory policy.

Richard B. Newman is an FTC attorney at Hinch Newman LLP. Follow FTC defense attorney on National Law Review.  

 

Attorney advertising. Informational purposes only. Not legal advice.

Related posts:

  1. Advertiser’s Responsibilities for What Others Say in Social Media As outlined by the FTC Endorsement Guides, advertisers are required...
  2. What Digital Marketers Need to Know About Contractual Limitation of Liability Clauses In one form or another, limitation of liability clauses are...
  3. CBD Advertising and FTC Enforcement Since passage of the “Farm Bill” which legalized hemp-derived CBD...
  4. FTC Investigation and Enforcement Trends Privacy and data security-related issues remain a hot-button subject and...

Filed Under: Blue Book, Revenue, Revenue Blog Tagged With: Ftc attorney, Ftc compliance lawyer

Search

ROS Col 2 Top

ROS Col 2 Mid

ROS Col 2 Low

Subscribe to our newsletter!

* indicates required

ROS Col 2 – 4 Misc

ROS Col 2 – 5 Misc

ROS Col 2 – 6 Misc

Recent Posts

  • How Financial Marketers Can Boost New Customer Growth on an Affiliate Model
  • Crypto Griftonomics And Influencers In Affiliate Marketing
  • Don’t forget about click-to-call: the most underrated vertical for social media traffic
  • Why The Speed of Relevance Can Help You Win
  • Why Should Marketers Invest In Pay Per Call?
  • CFPB Issues Warning About Contractual Gag Clauses and Consumer Reviews
  • New Blue Book Top 20 CPS Affiliate Network Results
  • FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming
  • New Blue Book Results: Top 20 CPA Affiliate Networks For 2022
  • FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming
  • Top 4 Ways To Make Your Call Campaigns More Successful
  • Perform[cb]’s New Mobile App For Partners Is A Game Changer
  • Shaping the Perfect Matchmaker for Content Creators
  • Removing Barriers for Influencers and Content Creators
  • 8 Easy Ways To Refresh An Email Campaign

About mThink

mThink is a specialist digital marketing company based in San Francisco. We focus on media buying, Facebook marketing, direct response, social and mobile. In addition mThink produces the annual Blue Book Rankings of major performance marketing networks. Read More »

Baseboard

Copyright ©2022 · mThink. All rights reserved.
3053 Fillmore Street, Suite 325 | (415) 787-0250
Disclaimer | Privacy Policy