Supermodel Molly Sims Shows Influencers are Untouchable No More

[Editor’s Note: An oft-heard phrase is that ‘the pandemic changed everything.’ While that’s debatable, the pandemic contributed to a lull in Federal Trade Commission (FTC) enforcement of social media influencers and the brands they promote. The Commission is spending time monitoring false COVID cures and scams, attorneys Allison Fitzpatrick and Paavana Kumar of Davis + Gilbert LLP tell us. Still, they recommend no laxity for brands and influencers. Use of FTC-approved disclosure practices prevail, they say. Moreover, an Aug. 6 ruling in a case against supermodel Molly Sims and the beauty brand she represented could herald a new chapter in brand-influencer relations. Relatively untouchable previously, influencers now may have a target on their back.]

PRNEWS: When you’re counseling new clients, what are you advising them about influencers, guidelines and FTC regulation? Have things changed much with the new administration? Are there guidance updates?

Allison Fitzpatrick: In general, all of the advice we gave earlier still applies, but there are some changed circumstances.