The Federal Trade Commission (FTC) recently sent warning letters to 12 health influencers and two trade associations concerning inadequate disclosures on Instagram and TikTok. The letters warned that inadequacies of this nature could result in civil penalties of up to
Lauren R. Carey | Legally Influenced
Legal Tips, Trends, and Developments for Social Media Influencers
Lauren R. Carey of Lewis Rice provides legal insights focused on the regulatory and compliance aspects of influencer marketing and social media branding. The blog covers topics such as Federal Trade Commission (FTC) endorsement guidelines, material connection disclosures for influencers, legal protections for influencer brands including trademarks and copyrights, and contractual considerations in influencer agreements. It also addresses practical issues like the clarity and conspicuousness of disclosures, influencer liability, and the intersection of advertising law with social media practices. The content is aimed at helping influencers, brands, and legal professionals navigate the evolving legal landscape of digital marketing and influencer endorsements.
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Latest from Lauren R. Carey | Legally Influenced
Ongoing Brand Relationships: When to Disclose
If an influencer has a long-standing relationship with a brand, is a material connection disclosure necessary in every post about the brand? Similarly, do influencers with their own product lines need a material connection disclosure when posting about their own…
Updated Endorsement Guides Go Live
As we previously reported, the Federal Trade Commission (FTC) released final updates to its Endorsement Guides on June 29, 2023. All parties involved in the dissemination of sponsored content (e.g., influencers, brands, intermediaries) have an obligation to understand, follow…
How to Legally Protect Influencer Branding
The business side of social media influencers is not exactly glamorous, and the legal side even less so. That being said, arming yourself with the appropriate legal tools can help prevent a lot of headaches and lost revenue down the…
Show us the Money
What if you had to tell your followers how much money you received for a sponsored post?
This is what one public commenter suggested when the Federal Trade Commission (FTC) sought public comment on, among other things, the material connections…
Influencers, do you Swear to Tell the Truth, the Whole Truth and Nothing but the Truth?
The FTC’s proposed updates to the Endorsement Guides provide that influencers may be liable for their misleading or unsubstantiated statements regarding a product’s performance or effectiveness when their representations are inconsistent with the influencer’s personal experience, or were not made…
What the Updated Endorsement Guides Could Mean for Influencers
As we previously reported, the Federal Trade Commission (FTC) recently released proposed updates to its Endorsement Guides. If implemented, the proposed updates will impact everyone involved in the dissemination and monetization of sponsored content (e.g., social media influencers, brands,…
Let’s Spill the (Teami) Tea: Clear and Conspicuous Disclosures
In March 2020, Teami, LLC (Teami), a marketer of teas and skincare products, agreed to settle Federal Trade Commission (FTC) charges that, among other things, social media influencers hired by Teami failed to adequately disclose that they were being paid…
Social Media Disclosures for Influencers
Have you received free (or discounted) products and/or money from a brand to mention their product(s) in a video or post? If so, certain disclosures may be required by law. As an influencer, it is your responsibility to make these…
The Paper Behind the Post
Behind every sponsored post is an influencer agreement. Influencer agreements can range in sophistication, but are generally drafted with an objective of being relatively brief and signed by the influencer with little or no need for negotiation. That being said,…