On her blog “Legally Influenced”, Lauren Carey shares legal tips, trends, and developments for social media influencers. She examines topics such as social media disclosures, influencer agreements, evolving Federal Trade Commission (FTC) guidance for influencers, and more.
Recent Blog Posts
- 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 to endorse Teami products on social media. The FTC filed a federal court complaint against Teami and sent warning letters to several well-known influencers who endorsed Teami products on social media (including Jordin Sparks, Adrienne Bailon, Jenicka Lopez, Leyla Milani-Khoshbin... More
- 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 disclosures. When to Disclose A disclosure is required when you have a relationship with a brand. You have a financial relationship with a brand if the brand gives you anything of value to mention their product (e.g. free product, discounted product, money).... More
- 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, these documents contain serious legal implications and should be read carefully and tailored as needed. Understanding the terms of your influencer agreement can (1) maximize your negotiating power and (2) ensure your own compliance. Influencer agreements should address key business terms, such... More