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
This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you...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
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
Chiara Ferragni is an Italian influencer with almost 30 million followers on Instagram. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. But a recent...more
Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media post...more
In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and...more
Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. (Or perhaps...more
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we...more
The American Association of Orthodontists ran a series of social media ads for Happy Mouth Now, a fictional teledentistry company, which showed consumers struggling with the company’s products. The ads are funny, unless you...more
In the days leading up to the Super Bowl, Penn State Football tweeted a graphic claiming that “a Penn Stater has appeared in every Super Bowl.” Below that bold claim, in much smaller letters, appeared an important qualifier:...more
Continuing its intense focus on internet platforms’ role in political debate and the liability protections they receive under the Communications Decency Act (CDA), 47 U.S.C. § 230, the Trump Administration this week submitted...more
Companies get excited when they find pictures of celebrities wearing (or using) their products, and often wonder whether they can post those pictures to their social media accounts. In addition to the right of publicity...more
In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In...more
In previous posts, we’ve written about Section 230 of the Communications Decency Act. Like it or hate it, Section 230 has become integral to the internet, and it’s no exaggeration to say that social media probably couldn’t...more
This morning, the FTC announced that Teami – a company that sells teas and skincare products – agreed to settle charges that it promoted its products using deceptive health claims and endorsements by influencers who failed to...more
This morning, the FTC announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the agency’s systematic review of all current rules and guides. ...more
When Casper launched in 2014, it set out to disrupt the mattress industry. Not only did they change the way mattresses were sold, the company changed the way mattresses were advertised. Among other things, Casper hired...more
In the world of social media, a person’s power is often measured in terms of followers. Because more followers generally means more reach, companies who engage influencers often base their compensation on this metric. But...more
Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement....more
The Electronic Retailing Self-Regulation Program (or “ERSP”) recently announced a decision involving Alo Yoga’s influencer campaign. The decision centers around how the company’s influencers disclosed – or, in some cases,...more
In the world of influencer marketing, a person’s power is often measured in terms of followers, “likes,” and other types of engagement. Because more followers and more engagement generally means more reach, companies who work...more
In the world of social media, a person’s power is often measured in terms of followers. Because more followers generally means more reach, companies who engage influencers often base their compensation on this metric. But...more
The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap....more