The best way to understand the FTC's approach is a mental model that attorney Rob Freund talks about on shows like The Bottom Line: Ecommerce Tactics for Profitable Growth. He essentially frames it as “clarification, not creation.” This means the FTC isn't inventing new laws for influencers, but rather explaining how its existing rules against deceptive advertising apply to new creator-driven platforms.
Here’s how to apply that framework. It all starts with the foundation: Section 5 of the FTC Act, which has been around for decades. As Rob Freund explains in his conversations, this law bans