2025 Mid-Year Check-In: Top 5 Issues for Influencers (and The Brands that Love Them)
August is behind us. The kids are in school. We are half way through a tumultuous year, and if you are in advertising and marketing, the influencer ecosystem is shifting under our feet. New rules, sharper scrutiny, and evolving expectations mean it’s time to refine marketing strategies. If you’re an influencer—or a brand working with one—here are the top five developments you need to know in order to stay compliant and credible.
Disclose Early, Often and on Every Platform
The FTC’s revised Endorsement Guides, finalized in June 2023, introduced a precise and uncompromising standard: disclosures must be “clear and conspicuous,” and an actual priority, not an afterthought. This includes both visual and verbal clarity in a way that works with each platform. Instagram – readable hashtags at the beginning of the content. Making audio content? Disclosures on podcasts, livestreams or other similar content must include spoken disclaimers.
Everyone is Responsible.
Both influencers and brands (and agencies) share the burden of compliance. FTC guidelines emphasize joint liability – so influencers, brands, agencies and creators are held responsible for failure to provide adequate disclosures and any other infraction of the regulations. Just check out the FTC blog to read through numerous instances where some or all parties in the “ecosystem” of advertising have been held accountable for violating applicable laws.
Protect the Kids.
There is an emerging focus on protection of child influencers, aka a “kidfluencer”. A kidfluencer is a person under the age of 18 who builds a social media presence—typically on platforms like YouTube, Instagram, or TikTok—by creating content that attracts followers and brand partnerships. In 2024, California explicitly expanded its 1939 Coogan’s Law (which codified financial and other protections for child actors) to include protections to minors who earn money through platforms like YouTube, TikTok, and Instagram. This ensures that children featured in monetized content are fairly compensate and protected from financial abuse. Several other states have already or will be enacting similar laws.
Don’t be so Negative.
In 2024, the FTC’s Final Rule Banning Fake Reviews and Testimonials made it clear that paid negative comments about competitors—or unsubstantiated claims— are considered deceptive advertising. Any comparison or criticism must be backed by proven data, like controlled studies or legitimate regulatory approval. A claim like “reduces belly fat by 50%” must be backed by credible evidence as well as the requisite disclaimers. This past July, the FTC filed a novel complaint against telemedicine firm NextMed, alleging it selectively solicited reviews only from satisfied customers and offered incentives to remove or revise negative reviews. This case marks the first time the FTC has formally alleged that manipulating review sentiment—especially targeting competitors—can violate the FTC Act.
Contracts Matter More Than Ever
And finally, a CTA for all influencers and brands: Call. An. Experienced. Lawyer. Contracts between brands and influencers are more important than ever not only because the legal landscape continues to change (hello AI), but the penalties do as well. Failure to comply and understand each party’s roles and responsibilities will often carry hefty fines not to mention the PR mess. Influencers, brands and agencies should carefully review sponsorship and other agreements and ensure terms include disclosure expectations, content rights, and payment timelines. All parties need to be educated on legal obligations or risk shared liability. Contracts should include clear indemnification clauses so that if someone’s in violation, there’s a clear path for resolution and protection.
For more information about Roth Jackson’s practice areas including influencer marketing, please contact Ashley Brooks at ABrooks@RothJackson.com.
