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Full-Text Articles in Antitrust and Trade Regulation
To Win Friends And Influence People: Regulation And Enforcement Of Influencer Marketing After Ten Years Of The Endorsement Guides, Craig C. Carpenter, Mark Bonin Ii
To Win Friends And Influence People: Regulation And Enforcement Of Influencer Marketing After Ten Years Of The Endorsement Guides, Craig C. Carpenter, Mark Bonin Ii
Vanderbilt Journal of Entertainment & Technology Law
For the last ten years, social media influencer marketing has been regulated by the Federal Trade Commission (FTC) under the FTC’s Section 5 “unfair practices” authority, guided by the Endorsement Guides, a “best practices” document published by the FTC. This is a fairly “light” regulatory scheme where violators typically enter no-money, no-fault consent decrees and generally undertake to do a better job following the Endorsement Guides in the future. During this time, the practice has flourished, and companies are spending significant portions of their marketing budgets on social media influencer advertising. Recently, the FTC has submitted proposals for increased enforcement …