In a recent article published in The Wake Forest Law Review, Nancy K. Carr of California State University, Northridge explores the challenges that the FTC faces in implementing and enforcing its endorsement regulations. She breaks down the FTC’s endorsement guidelines into a series of key points and provides examples of brand, advertiser, and influencer Carr explains that the FTC’s enforcement approach comprises warning letters, callouts on Twitter, and even the settlement of enforcement charges. Carr questions the need for greater enforcement mechanisms due to the impracticality of policing the high volume of social media posts online. She further questions what damages would look like in legal actions and who should ultimately be pursued: the influencer, the advertiser, or both. Ultimately, Carr suggests that U.S. consumers can recognize sponsored content and are not as easily confused and misled as some people assume.
The Regulatory Review