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Disclosure Requirements Social Media Advertising

Venable LLP

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama

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Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more

Kelley Drye & Warren LLP

NAD Considers Material Connection Disclosures on LinkedIn

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

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

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

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index

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

Stradling Yocca Carlson & Rauth

The Legal Side of Sweepstakes: What Every Brand Needs to Know

“It’s just a giveaway. What could go wrong?” You’d be surprised. A fun marketing initiative can quickly become a legal headache. Behind every good sweepstakes is a legal minefield—one that many brands don’t recognize...more

Loeb & Loeb LLP

The Business Case for Disclosure of Brand Partnerships by Influencers

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The National Advertising Division of BBB National Programs recently released a report that influencers, creators and those who work with them may find particularly relevant regarding disclosure of brand sponsorships:...more

Kilpatrick

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

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A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

Venable LLP

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more

Kelley Drye & Warren LLP

[Webinar] Navigating the Maze of Influencer Marketing - June 4th, 1:00 pm - 1:30 pm EST

Join Kelley Drye for a fast-paced, practical webinar, “Navigating the Maze of Influencer Marketing.” This 30-minute session will cover what companies need to know to stay compliant with evolving FTC guidance, class action...more

Kelley Drye & Warren LLP

Ad Law News and Views - May 2025

Bipartisan Coalition of State AGs Oppose Federal Effort to Block State AI Laws - If you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting....more

Oberheiden P.C.

Fake Online Reviews and Testimonials: 10 Key Considerations for Avoiding FTC Scrutiny

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Finalized last year, the U.S. Federal Trade Commission’s (FTC) Final Rule on the Use of Consumer Reviews and Testimonials (the “Final Rule”) principally addresses the sale, purchase, and publication of fake online reviews and...more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

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

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Kelley Drye & Warren LLP

NAD Decision Focuses on Influencer, in Addition to the Brand

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

Kilpatrick

LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

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Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

Pierce Atwood LLP

Revolve Faces $50M Class Action Alleging Undisclosed Influencer Relationships

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Social media influencing is an estimated $30 billion annual global industry, with brands increasingly electing to partner with influencers over traditional marketing channels. But, while social media and influencer...more

Kelley Drye & Warren LLP

Ad Law News and Views - April 2025

Revolve Faces Class Action Over Influencer Posts - We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also...more

BakerHostetler

Don’t Skim(p) on Disclosures

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And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more

Kilpatrick

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

Kilpatrick on

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

Kelley Drye & Warren LLP

NAD Reviews More Influencer Posts

As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a...more

Gardner Law

Exercise Caution: Celebrity Endorsements of Medical Products

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Celebrity Endorsements - As companies continue to seek effective advertising strategies, celebrity endorsements remain a powerful tool, particularly in reaching broad and receptive audiences through social media platforms....more

Kelley Drye & Warren LLP

Ad Law News and Views - January/February 2025

If you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools. The Attorneys General of...more

Kelley Drye & Warren LLP

NAD Holds Celebrity Social Media Posts Need Disclosures

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

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

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The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

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