The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray ever” and outperformed another popular setting spray on the market. While there was no formal agreement, the influencer had a history of reviewing Huda Beauty products and receiving gifted items, including the setting spray. In response to the inquiry, Huda Beauty voluntarily agreed to permanently discontinue the claims.
The NAD concluded that Huda Beauty bore responsibility for removing the TikTok video due to its past relationship with the influencer and its founder's engagement with that post in a manner that suggested that Huda Beauty approved the post. The NAD therefore recommended that Huda Beauty make a good faith effort to have the influencer remove the TikTok video.
This case is a clear reminder: a brand's influencer marketing obligations do not require an existing agreement. Where the brand adopts a social media post as its own, or engages with it in a way that suggests it approves the content, the brand may become responsible for it as its own advertising.
Key takeaways for brands:
- Set expectations early: Have clear influencer guidelines covering claims, disclosures, and content use.
- Informal still counts: Long-term gifting or reviews can create accountability, even without a contract.
- No shortcuts on substantiation: Comparative claims must be backed by solid evidence.
- Act fast: Quick takedown can help avoid escalation.
- Take the win: Avoid the temptation to engage with content that makes claims you cannot make.
NAD has previously determined that when an advertiser and an influencer have a longstanding, informal relationship that includes providing free products, and the advertiser is aware of potentially unsupported claims made by the influencer, the advertiser may be required to take additional corrective action.
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