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Endorsements

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

BakerHostetler

NAD Provides More Guidance on Obligations with Influencers Who Are Gifted Free Product

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The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....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

Foster Garvey PC

Soap Stars, Billion-Dollar Skincare & Betting Aces: May Closes with a Splash

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Welcome back to the Spotlight! Given the volume of rain across the country recently, I may have to temporarily change the title to “Floodlight.” Yikes. I’d say these late nights watching the NBA Playoffs have made me a little...more

Foster Garvey PC

Endorsement Ink, Entertainment Reboots & Postseason Heartbreaks

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Welcome back to the Spotlight! In the past 7 months, I have borne witness to monumental postseason collapses by two of my favorite professional sports teams: my beloved hometown New York Yankees and New York Knicks. Last...more

Fenwick & West LLP

Are You Monitoring Your Influencers? Huda Beauty's NAD Case Is a Reminder

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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...more

Eversheds Sutherland (US) LLP

Film Room: NIL clearinghouse detail

In this week’s Film Room, we break down newly reported detail on third-party NIL clearinghouse procedures. Actionable Information Regarding Clearinghouse - Last week, Ross Dellenger of Yahoo! Sports reported on a memo...more

Troutman Pepper Locke

“NIL Go”: Deloitte Establishes Basic Framework to Review Third-Party NIL Deals

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A three-page memo distributed to schools provides further clarity regarding Deloitte’s role as the approved clearinghouse for name, image, and likeness (NIL) deals, as outlined in the House settlement and guidance documents....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 Holds Puffery Analysis Depends on Material Connection Disclosure

Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: ​“It’s a better mouthwash. I...more

Foster Garvey PC

Comebacks, Courts & Collabs: A Wild Week in Sports & Entertainment

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Welcome back to the Spotlight! While I appreciate your valiant efforts in coming back to this space, that comeback pales in comparison to the two comebacks the underdog New York Knicks have had against the defending NBA...more

Foster Garvey PC

Family Dynamics and Strategic Moves Define a Turbulent Spring in Sports

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Welcome back to the Spotlight! Based on the layers of pollen caked on my car and nary an unstuffed nose to be found, I would venture to guess that allergists are doing well for themselves this Spring. After the past week in...more

Benesch

#ClassAction: Influencer Marketing Class Actions are Trending

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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

Haynsworth Sinkler Boyd, P.A.

NIL: Why Every Student-Athlete in the Transfer Portal Needs Legal Representation

The NCAA transfer portal has become a defining feature of college athletics. Each year, thousands of student-athletes enter the portal for a variety of reasons such as seeking a better fit, increasing playing time, or...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

Foster Garvey PC

Big Money Moves: Endorsements, NIL Deals, Music Industry Shakeups, and New Frontiers in Sports and Streaming

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Endorsement Deals, Sponsorships & Investments - Mountain America Credit Union obtains naming rights for another Valley sports facility - April 23, 2025 via Biz Journal - Chiefs' Patrick Mahomes Signs Prestigious...more

Buchalter

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

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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

Foster Garvey PC

High Notes and Higher Altitudes: A Week of Entertainment Power Moves and Nostalgic Comebacks

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Welcome back to the Spotlight! Many of you are basking in the afterglow of the end of tax season, with tax day (not to be confused with taxing day—which is seemingly every day) passing us by on April 15. Others (most likely...more

Dinsmore & Shohl LLP

Dinsmore: A trusted partner in NIL deals

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Name, Image and Likeness (NIL) deals benefit a wide range of athletes, from college stars landing major brand endorsements to competitors in niche sports securing sponsorships through social media and local businesses. Even...more

Kelley Drye & Warren LLP

Shein Faces Class Action Over Influencer Posts

A recent class action asks how it’s possible that a Chinese company, with allegedly ​“no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more

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