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“Social media Influencers Cautioned by the FTC to Comply with Existing Regulatory Standards”

June 2, 2017
Tamara Carmichael
Media Law International 2017

Olshan Advertising partner Tamara Carmichael authored an article for Media Law International 2017 titled “Social media Influencers Cautioned by the FTC to Comply with Existing Regulatory Standards.” In the article, Ms. Carmichael, who has extensive experience in both intellectual property and advertising, marketing and promotions law, discusses the growing trend of influential social media users in marketing and how the Federal Trade Commission (FTC) and the National Advertising Division of the Better Business Bureau (NAD) are increasingly “placing the burden of regulatory compliance upon both advertisers and influencers.” “The FTC recently sent 90+ letters to potentially infringing influencers and advertisers,” she explains, “outlining the relevant advertising regulations and the potentially infringing posts of the recipients, effectively placing influencers and the brands with which they work on notice. By sending letters to advertisers and influencers alike,” she adds, “the FTC has reinforced that it will attribute compliance responsibilities to both. …It is clear that paid endorsements on social media are subject to the same regulatory standards that govern more traditional forms of advertising.” 

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