Are Influencers Liable For Promoting Misleading Products?

Yes, influencers can be held liable for promoting misleading products under certain circumstances. Their endorsements can have significant implications, and they have legal responsibilities to ensure their promotions are truthful and not misleading.

Legal Responsibilities of Influencers

Truthful Endorsements:

Influencers are required to promote products honestly. If they endorse a product with false claims or exaggerations that could mislead consumers, they may be liable for false advertising.

Disclosure of Relationships:

According to Federal Trade Commission (FTC) guidelines, influencers must clearly disclose any material connections to the brands they promote. This includes payments, free products, or any other incentives. Failure to disclose such relationships can lead to legal consequences.

Verification of Claims:

Influencers should verify any claims made by the brands they promote, especially if those claims involve health, safety, or efficacy. If an influencer promotes a product that makes false claims, they could be considered complicit in the deception.

Potential Liability:

Influencers may face legal action from consumers, brands, or regulatory agencies if they promote misleading products. This could result in fines, penalties, or even lawsuits, depending on the severity of the misleading claims.

Circumstances for Liability

Misleading Advertisements:

If an influencer promotes a product that is advertised falsely (e.g., a weight-loss product that claims guaranteed results), they can be held liable for contributing to consumer deception.

Lack of Due Diligence:

Influencers who do not conduct proper due diligence before endorsing a product may be more susceptible to liability. If a product is found to be harmful or ineffective, the influencer could be held accountable for not adequately researching the product.

Consumer Harm:

If consumers suffer harm due to reliance on misleading endorsements, influencers may be liable for damages. This is especially relevant in cases involving health-related products.

Example

If an influencer promotes a skincare cream claiming it cures acne without scientific backing, they could face legal repercussions if consumers rely on that claim and the product does not perform as advertised. If consumers experience adverse effects, they might seek to hold both the brand and the influencer accountable.