Advertising Law Blog

Olshan Advertising partner Andrew Lustigman, was quoted in Fashion Law Blog in separate articles titled “A How-To Guide for Properly Disclosing Your Sponsored Posts” and “EXCLUSIVE: The Dirty Advertising Practices of the Industry's Biggest Brands, Bloggers.” He addressed native advertising and the FTC, social media influencers and bloggers who are not adhering to appropriate disclosure guidelines, and the increasing risks regarding FTC violations that are likely to occur. Regarding the importance of advertising disclosure, Andy notes “They are important because people assume comments/postings on social media are authentic and unmotivated by any pecuniary benefit, (regardless of disclosures) the posted statements must still be authentic, but perhaps they will be weighed differently by consumers when they know compensation of some sort was involved.” He furthers expresses his doubts as to whether certain commonplace practices by bloggers and influencers will meet the level of clarity, stating “I am concerned that consumers will not understand what these terms mean as it relates to compensation.” Andy adds, “I would expect that the FTC will go after individuals. For example, in more traditional media, the FTC has gone after endorsers. So, I would expect so here.”