Advertising Law Blog

Olshan Advertising, Marketing & Promotions Practice Group Leader Andrew Lustigman was extensively quoted in the Electronic Commerce & Law Report published by Bloomberg BNA in an article entitled “Brands Cash in on Shoppers’ Social Media Posts.” The article addresses the surge in social media marketing and its influences. “As more consumers decide what to buy based on what they see on social media, companies are turning away from traditional advertising,” Lustigman stated. Regarding disclosure, Lustigman added, “any type of compensation for a post should be disclosed near the social media endorsement. Disclosure may also be required if a brand has repurposed a post without compensating the creator, but circumstances vary.”