October 01, 2019 Best of ABA Sections

Influencers: What Every Brand and Legal Counsel Should Know

Mark Goodrich and Jason Howell

The growth of social media and “influencers” represents a sea change in how brands, celebrities, spokespersons, and consumers interact. An “influencer” is any person with credibility who can influence the opinions or purchase decisions of others. Influencer campaigns create a number of legal challenges to navigate, and in particular make it difficult for consumers to discern whether the influencer simply likes a product or is being paid to promote the product. As a result, the Federal Trade Commission (FTC) has made “endorsement” compliance a point of emphasis in recent years.

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