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ARTICLE · 15 AUGUST 2025

Does A "Closer-Than-Usual Working Relationship" Mandate A Disclosure?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Did I mention that NAD has a lot to say about influencer disclosures? A new NAD SWIFT case (Report #7489) spotlights an issue that is not directly addressed...

United StatesMedia, Telecoms, IT, Entertainment

Did I mention that NAD has a lot to say about influencer disclosures? A new NAD SWIFT case (Report #7489) spotlights an issue that is not directly addressed by the FTC Endorsement Guides and underscores NAD's very pro-disclosure perspective.

At issue here were a number of posts on the advertiser's LinkedIn account, challenged by a competitor. Both companies provide genomic testing used by physicians in evaluating and treating their breast cancer patients. The challenger alleged that the advertiser failed to disclose its material connection to the physician whose comments, interviews and articles it cited touting the advertiser's testing product to evaluate early stage breast cancer as better than challenger's testing product, and characterizing the advertiser's test as more accurate for Black women.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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