INSIGHT: Legal Pitfalls of ‘Influencer’ Marketing During the Pandemic

Consumers are spending more time online during the Covid-19 pandemic with recent studies indicating social media engagement has increased 61% over normal usage rates. Furthermore, nationwide lockdowns have made it impossible to operate traditional marketing operations, leading some companies to rely instead on “influencers” to generate content and maintain their brand image.

Increased activity on social media and use of influencers, however, comes with increased scrutiny from both consumers and regulators, especially in this uncharted pandemic environment.

In the context of social media, an “influencer” is anyone who has the power and sway to affect the purchasing decisions or other ...