Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more
8/14/2025
/ Advertising ,
Clinical Laboratory Testing ,
Comparative Advertising ,
Disclosure Requirements ,
Endorsements ,
FTC Endorsement Guidelines ,
Healthcare ,
Influencers ,
Life Sciences ,
LinkedIn ,
NAD ,
Regulatory Requirements ,
Social Media
P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more
7/21/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Endorsements ,
Social Media ,
TikTok
This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more
7/18/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Fraud ,
Influencers ,
Marketing ,
NAD ,
Social Media ,
Transparency
Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more
A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more
Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I...more
Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and...more
We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more
4/23/2025
/ Class Action ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Popular ,
Retailers ,
Social Media
A recent class action asks how it’s possible that a Chinese company, with allegedly “no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more
Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more
Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote “when a significant minority of the audience for an endorsement does not...more
As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and...more
Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it’s like a reality show in which the contestants are bears, instead of humans. And unlike some human...more
LegalZoom has a box on its website with the title “As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more
If you’ve watched the news recently, it’s fairly safe to predict that two things happened. First, you probably watched an announcer recount disturbing news about the current political climate. Second, following that segment,...more
Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more
Two men – we’ll call them Mario and Alin – purchased Blue Ice Vodka based, in part, on social media posts in which various influencers suggested that the vodka was a “healthy product” that can help with personal fitness and...more
Some have called Joey Chestnut an “American hero” for his historic achievements. By “some,” I mean the Major League Eating organization. And by “historic achievements,” I mean eating 76 hot dogs and buns in ten minutes in...more
Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how...more
Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law Access, we are known just as much for the naturally youthful appearance of our writers as we are known for the quality of our content, so we don’t have any personal...more
Last week, NAD announced a decision involving a challenge that a competitor brought against Wonderbelly involving (among other things) an influencer campaign.
Wonderbelly engaged a number of influencers to promote its...more
NAD recently reviewed posts promoting Cariuma sneakers that appeared on the Facebook and Instagram accounts of Travel + Leisure, US Weekly, and The Quality Edit. The posts claimed that various celebrities wore the sneakers,...more
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more
Earlier this year, we examined how changes to the FTC’s Endorsement Guides might affect influencer campaigns and suggested that companies may want to monitor FTC actions in this area to see what types of conduct grab the...more
NAD recently issued a decision in a challenge that Bath & Body Works (or “B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more