Brand Damage: Liability for Influencer Marketing and Deceptive Practices, Avoiding Consumer Protection Violations
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Corporate Law
- event Date
Thursday, August 21, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
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.
Ms. Bousquet has practiced in food and agriculture industry litigation for over 15 years. As a litigator, she has handled everything from simple breach of contract cases to highly complex multi-district litigation, class action defense, and Lanham Act cases. Ms. Bousquet practices in both federal and state courts, before regulatory bodies, in arbitrations, and in the BBB's National Advertising Division. She also advises industry clients on FDA, USDA, state, and local regulatory compliance and all matters relating to the Federal Food, Drug, and Cosmetic Act, the Food Safety Modernization Act, and other laws and pending legislation impacting the food and beverage industry. She has represented some of the industry's largest companies across a broad spectrum—from food producers and agribusinesses to restaurant groups, supplement manufacturers, pet food makers, biotechnology corporations, and biofuel companies.
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.
Influencers are increasingly a part of effective consumer digital marketing. Federal and state regulators allege consumer deceptive practices when companies fail to disclose any material connections between the brand and endorser. Consumer class actions seek millions in damages and injunctive relief. The results are reshaping marketing in an evolving legal landscape where hashtags, affiliate links, and micro-influencers bring potential risk.
The experts will examine the Federal Trade Commission's Endorsement Guides clarifying disclosure expectations in social media and how these regulators and private plaintiffs assess disclosures in litigation. Case developments in Negreanu v. Revolve, Dubreu v. Celsius, and Bengoechea v. Shein illustrate the legal theories, including price premium claims, statutory misrepresentation, and joint liability.
State consumer protection laws, the "Little FTC Acts," enable private suits where federal enforcement lacks. This session covers litigants' use of California's UCL and CLRA, New York's GBL, and other deceptive practices statutes to catalyze class claims. The experts will also explore emerging global risk under the EU Digital Services Act and UK ASA influencer rules.
Listen as our expert panel provides useful strategies to mitigate risk, including best practices in contract drafting, employee and influencer training, and marketing initiative audits.
I. Introduction and background
II. FTC rules and enforcement trends
A. Overview of FTC endorsement guides (16 CFR Part 255)
B. FTC warning letters and enforcement examples (e.g., Celsius Holdings)
C. FTC enforcement vs. private action
III. State consumer protection laws and "Little FTC Acts"
A. Common statutes used in class actions: California UCL, CLRA, FAL, New York GBL §349, §350, others
IV. Case law and recent class actions
A. Negreanu v. Revolve Group
B. Dubreu v. Celsius Holdings
C. Bengoechea v. Shein
V. Legal theories and developments
A. Existing case theories
B. Potential liability extending to talent agencies and PR firms
C. Platform responsibility (YouTube, TikTok, Instagram)
D. Global developments: EU Digital Services Act, UK ASA guidance
VI. Best practices and risk mitigation
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
