What do Cardi B, Jordin Sparks and Alexa PenaVega have in common? If you guessed they each received warning letters from the Federal Trade Commission (“FTC”) last week, you are correct. The FTC sent letters to these three celebrities as well as seven other social media influencers warning that their Instagram posts about a detox tea did not adequately disclose that the endorsements were paid-for. The disclosures were inadequate because they were not visible without specifically expanding the text of the post beyond the “more” button and videos associated with the posts did not separately include the disclosure. The FTC letters specifically reminded the celebrities that their failure to make adequate disclosures about their connections to marketers may subject them to legal enforcement action by the FTC. The FTC letters require a written response from the celebrities by March 30 to explain what actions they are taking to ensure that their social media posts endorsing brands clearly and conspicuously disclose their relationship to the brand.
Lisa Rosaya is a partner in Baker McKenzie's Intellectual Property Practice located in New York. In their 2019 rankings, Chambers comments that Lisa “offers significant experience across an array of trademark and copyright portfolio management matters. She is also noted for her skill in disputes before the TTAB” with a client commenting that they’ve found her to be “excellent; quick to grasp the issues at hand, providing timely advice and counsel, and helpful in finding solutions for the business." Prior to joining the Firm in October 2005, she was an associate with a New York-based law firm and a trademark examining attorney at the US Patent and Trademark Office. She has authored numerous articles and spoken at various industry events on trademark, copyright, advertising, Internet and domain name issues.
Rebecca helps clients register, protect and enforce their intellectual property in the US and abroad. Prior to joining Baker McKenzie, Rebecca was a partner at an international law firm and more recently was in-house counsel at a large retailer where she handled brand strategy, brand managing and re-branding initiatives.