Advertising Law and the Challenge of Fake Reviews, AI-Generated Reviews, Social Media Bots, Deepfakes and More

Louis P. DiLorenzo | Davis+Gilbert LLP

Louis DiLorenzo brings an industry perspective to helping clients develop creative, enduring advertising and marketing campaigns. He counsels some of the most innovative and storied brands, agencies, and media companies on issues that may put advertisers and campaigns at risk, including false advertising, intellectual property, and industry-specific laws and regulations.

As a former advertising industry professional, Louis understands how the strategies that inspire campaigns can also inform legal outcomes. Clients rely on his advice and instincts throughout the concepting process. He often serves as an informal sounding board as they test ideas and consider applications. Combining experienced judgment with a passion for the industry and a sense of humor, Louis immerses himself in each client’s business to help them distinguish real risks from theoretical ones and move projects forward with confidence.

While Louis works with a wide range of brands and industries, he has a particular focus on the alcoholic beverage sector. With his up-to-the-minute information and analysis of risk “hot spots,” clients navigate constantly changing laws and regulations in all 50 states. Louis also counsels businesses in other highly regulated industries, including automotive, tobacco, CBD, marijuana, food and beverage, and sports betting.

Whether he is digging deep into vehicle specifications for a car campaign or mastering the science behind toothpaste, Louis is committed to understanding the key facts as well as the legal complexities to provide tailored, actionable advice. He also leverages his knowledge of pricing strategy to help retailers advertise discounts and sales in a way that maximizes revenue and perceived savings while appropriately mitigating legal risk.

In addition to his advertising and marketing work, Louis maintains an active pro bono practice focused on immigration issues.

I. Overarching Advertising Law Framework | 1:00pm – 2:00pm

• Relevant laws
  • FTC act
  • Lanham act
  • State unfair and deceptive acts and practices (“UDAP”) statutes
  • National advertising division

Break | 2:00pm – 2:10pm

II. Understanding The Regulatory Landscape for Consumer Reviews | 2:10pm – 2:40pm

• FTC guides concerning the use of endorsements and testimonials in advertising
• FTC historical position / cases on false reviews / testimonials
• FTC rule on reviews
• Discussion of specific issues for reviews
  • Reviews by insiders
  • Incentivized consumer reviews
  • Fake reviews
  • Review hijacking
  • AI

III. Social Media Bots and Deepfakes | 2:40pm – 3:10pm

• Social media bots and their impact on consumer perception
• Deepfakes in advertising
• FTC and state regulatory focus on AI