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I don't see a significant conflict of interest. Nothing stops a celebrity or influencer from saying they love Foo Brand Widgets. The FTC is saying in the context of a business transaction which involves a company paying another individual to say that they love Foo Brand Widgets, there must be disclosure. I could see not disclosing as a form of fraud. I also don't see it as significantly different from labels the FDA requires on food packaging.



Is there any court precidence for cases of failure to disclose? Fraud is really a stretch...

Consider puffery: https://en.wikipedia.org/wiki/Puffery


If Company A Laptops secretly paid Mr Celebrity to say he only uses Company A laptops, and then I buy a Company A laptop because I want to use the same brand as Mr Celebrity, then I could argue that Company A have engaged in deceptive marketing. If they are up front about having paid Mr Celebrity, it seems to mitigate that a bit, because it's clearly a 'puff piece' (as your link says) instead of claiming to be true.

IANAL. Obviously. But that's my layman's take on it.


I would argue that it's your fault for trusting Mr Celebrity to give you good laptop recommendations. If Mr Celebrity's reputation isn't crippled by making a bad recommendation or two then you're picking the wrong people to advise you.


Are paid endorsements really puffery? Basketball players sponsored by Nike don't wear Nike shoes ironically.

(A comedy advert, like the Terry Tate: Office Linebacker campaign, seems closer to puffery)




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