Antitrust and Consumer Protection
Competition: 2016, Vol 25, No. 2
Content
- Biometric Privacy Litigation: Is Unique Personally Identifying Information Obtained From a Photograph Biometric Information?
- California Online Privacy Laws: the Battle For Personal Data
- Chair's Column
- Comments On Proposed Update On Intellectual Property Licensing Guidelines
- Dispatches From the West Coast: Federalism, Competition, and Comments On the United States' Proposed Update To the Antitrust Guidelines For Licensing Intellectual Property
- Editor's Column
- Exceptions To the Rule: Considering the Impact of Non-practicing Entities and Cooperative Regulatory Processes In the Update To the Antitrust Guidelines For the Licensing of Intellectual Property
- Ftc Privacy and Data Security Enforcement and Guidance Under Section 5
- Home Run or Strikeout? the Unsettled Relationship Between the Sports Broadcasting Act and Cable Programming
- Masthead
- Never Say Never: the Ninth Circuit's Misguided Categorical Approach To Individual Damages Questions When Assessing Rule 23(B)(3) Predominance
- The Rapidly Changing Landscape of Private Global Antitrust Litigation: Increasingly Serious Implications For U.S. Practitioners
- "Clear and Conspicuous" Disclosures Between Celebrity Endorsers and Advertisers On Social Media Websites
"CLEAR AND CONSPICUOUS" DISCLOSURES BETWEEN CELEBRITY ENDORSERS AND ADVERTISERS ON SOCIAL MEDIA WEBSITES
By Shafiel A. Karim1
I. INTRODUCTION
A. Recent Celebrity Endorsement Gaffes on Social Media
On August 17, 2016 the Kardashian women—America’s "First" celebrity family—were served with a demand letter from Truth In Advertising ("TINA.org").2 TINA.org alleged, "members of the Kardashian . . . women are engaged in deceptive marketing campaigns . . . by routinely creating and publishing sponsored social media posts . . . without clearly and conspicuously disclosing that they are paid representatives . . . ."3 TINA.org published the letter and a database of 108 posts that allegedly violate federal disclosure rules.4 The Kardashian women had one week to comply with TINA.org’s demands.5