Machinima, Lord & Taylor And The Need For Native Ad Policies

Law360, New York (March 28, 2016, 4:24 PM EDT) -- As various forms of sponsored content — e.g., native and influencer advertising — continue to grow in prominence, so too does the Federal Trade Commission's focus on it. Recently, on March 17, the FTC announced that it had approved a final consent order with Machinima Inc. — a popular distributor of online video game-related videos, including through a multichannel network on YouTube — that required the company to disclose when it has compensated influencers to post YouTube videos or other online product endorsements as part of influencer campaigns. The FTC's announcement came mere days after its announcement that it had settled a separate action against national retailer Lord & Taylor LLC over allegations that Lord & Taylor had deceived consumers by paying for articles and posts for one of its clothing collections to be published online but failing to disclose that the posts were actually paid promotions....

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