Advertising Law Blog

Andrew Lustigman, Olshan’s Advertising, Marketing & Promotions Practice Group chair, was quoted by Racked, a news website which reports on shopping and fashion, on the enlistment of college students by brands like Victoria’s Secret and American Eagle to market products to greater numbers of students on college campuses. Such college brand ambassador programs use campus events and social media to promote products, but as Mr. Lustigman affirms, companies must be transparent about any endorsement, student or otherwise, that the Federal Trade Commission considers advertising: “The fact of the matter is that the FTC has been pretty clear on this from the get-go when they first came out with the revised endorsement guides, and that is, where the person is getting something of a benefit in return [for posting], the FTC looks to have disclosure of that.” The endorsement guides include information on disclosing material connections between advertisers and endorsers, and Mr. Lustigman makes clear that a company’s need to disclose that connection is even more crucial when brands have a long-term relationship with endorsers.