FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Brownstein Hyatt Farber Schreck
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Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his latest post? If you have to ask, they could be among the 90-plus social media influencers and marketers who received letters from the Federal Trade Commission (“FTC”) last month, warning about the legal implications of promoting consumer products via Instagram. While the FTC regularly contacts companies about objectionable advertising practices, the latest letter campaign marks the first time the consumer protection agency has directly contacted influencers in an attempt to educate them about the lawful use of social media to endorse third-party products and services. Influencers who received warning letters reportedly included Heidi Klum, Victoria Beckham and Kourtney Kardashian.

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