News & Analysis as of

Influencers Consumer Protection Laws Disclosure Requirements

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

Loeb & Loeb LLP

The Business Case for Disclosure of Brand Partnerships by Influencers

Loeb & Loeb LLP on

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

International Lawyers Network

The Rise of Class Actions in Influencer Marketing: What Brands Need to Know To Protect Themselves 

Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements....more

Coblentz Patch Duffy & Bass

Beyond the FTC: Consumer Class Actions Are Redefining Influencer Marketing Risk

The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape...more

Kelley Drye & Warren LLP

Two New Lawsuits Target Influencer Campaigns

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

Oberheiden P.C.

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

Oberheiden P.C. on

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

Benesch

#ClassAction: Influencer Marketing Class Actions are Trending

Benesch on

Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

Buchalter on

On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

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 named in the suits) failed to clearly disclose that...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Venable LLP on

The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...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

Kelley Drye & Warren LLP

NAD Decision Addresses Gifting to Influencers

Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more

Kelley Drye & Warren LLP

NAD Decision Addresses Content Creators on TikTok

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution...more

Kohrman Jackson & Krantz LLP

Three Legal Mistakes Influencers Make and How to Avoid Them

In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining...more

Hogan Lovells

Checking in with the FTC’s Bureau of Consumer Protection – Trends, highlights, new developments, and what lies ahead

Hogan Lovells on

The Federal Trade Commission (FTC) Bureau of Consumer Protection is where the action is when it comes to identifying current and future trends related to consumer protection. Bureau actions are closely watched to identify...more

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