Brand Damage: Liability for Influencer Marketing and Deceptive Practices, Avoiding Consumer Protection Violations
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss legal and regulatory risks inherent with using influencer marketing. An increase in consumer class action lawsuits is targeting brands, influencers, and related entities including PR firms and talent agencies.
Outline
- Introduction and background
- FTC rules and enforcement trends
- Overview of FTC endorsement guides (16 CFR Part 255)
- FTC warning letters and enforcement examples (e.g., Celsius Holdings)
- FTC enforcement vs. private action
- State consumer protection laws and "Little FTC Acts"
- Common statutes used in class actions: California UCL, CLRA, FAL, New York GBL §349, §350, others
- Case law and recent class actions
- Negreanu v. Revolve Group
- Dubreu v. Celsius Holdings
- Bengoechea v. Shein
- Legal theories and developments
- Existing case theories
- Potential liability extending to talent agencies and PR firms
- Platform responsibility (YouTube, TikTok, Instagram)
- Global developments: EU Digital Services Act, UK ASA guidance
- Best practices and risk mitigation
Benefits
The panel will review these and other important issues:
- The FTC's Endorsement Guides and their application
- The "Little FTC Acts" and how consumer advocates are framing their legal claims
- Global disclosure mandates
- Key legal risks facing companies under federal and state consumer protection laws
- Recent decisions regarding failure to disclose influencer material connections and the underlying legal theories
- Best practices for contract drafting, marketing initiative monitoring, and policy creation to reduce risk
Faculty
Kim Bousquet
Partner
Thompson Coburn
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness,... | Read More
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness, biotechnology, food, and manufacturing industries. In particular, she focuses on litigation and client advice involving plants and animals, food and beverage labeling litigation, GE seed litigation, food labeling laws and regulations (including the new bioengineered foods disclosure law), the Food Safety Modernization Act, produce safety rules, restaurant menu labeling and Food Code compliance, pesticide laws, regulatory action by the USDA and FDA, and urban agriculture. Ms. Bousquet serves as an editor of the firm's Food Fight blog, which is dedicated to delivering relevant industry insights and timely legal updates to food and agriculture industry stakeholders.
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Jordan M. Thompson
Counsel
Davis+Gilbert
Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related... | Read More
Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related matters. She plays a key role in the development, production and distribution of original content and the use of third-party IP. While working with agencies that represent major consumer retail brands across various industries, including food, furniture, automotive, financial services and consumer electronics, Ms. Thompson aligns herself with each client’s business goals. In addition to drafting and reviewing campaign-related documents and creative concepts, she assists clients in ensuring their product claims comply with truth-in-advertising laws. Ms. Thompson supports creative promotional strategies, including the use of contests and sweepstakes in accordance with state regulations. She also helps negotiate licenses for music and other third-party IP use in commercials.
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