Influencer’s long eyelashes can cause problems with advertising law Advertisement, Marketing, Branding

Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. Ultimately, this is more than her Ad Law Access follower count, so she must be doing something right. She (or maybe she’s doing something wrong by ignoring her readers’ beauty needs, but that’s a topic for another day.) In any case, Mikayla recently , she shared a hint that she was “literally just changed.” [her] Metaphorically speaking, it ignited a battle on the Internet.

Last week, Mikayla posted a sponsored video in which she applied L’Oreal’s Telescopic Life mascara to her lashes and asked her followers to judge the results. And judges, they did. Some followers were skeptical that the product could achieve these results, with many accusing influencers of wearing false eyelashes in an “after-shot.” I’m here.

Within hours, other influencers appeared on the Internet, determined to disprove Mikayla’s claims. They posted close-up photos of Mikayla’s lashes and explained to their followers why mascara alone didn’t give them these results. I was sure. Forensic cosmetologists continue to debate the limits of what mascara can achieve, but let’s look at this in terms of advertising law.

Does the FTC allow influencers to improve product results? “Oh, they never allow that in partner posts!” While the focus is on whether the connections are clearly disclosed, the FTC believes that advertisers and influencers could be held liable for misleading or unsubstantiated representations about product performance or effectiveness. Note that there is

In the UK, the Advertising Standards Authority has addressed this issue more directly in their guidance on the use of filters in beauty products. “The use of filters in advertising is not inherently problematic, but when filters exaggerate the effectiveness of the advertised product, it is likely to be problematic and it is up to advertisers to prove otherwise. The same is true in the United States (regardless of whether effectiveness has been exaggerated by filters or other means).

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