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ARTICLE · 04 DECEMBER 2025

Double Disclosures Revisited

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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Over the summer, I wrote about an NAD case initiated by P&G against Dr. Squatch, challenging a number of posts on TikTok.

United StatesMedia, Telecoms, IT, Entertainment

Over the summer, I wrote about an NAD case initiated by P&G against Dr. Squatch, challenging a number of posts on TikTok. The posts in question featured individuals who participated in the TikTok Shop affiliate program where creators and influencers earn a commission on sales of Dr. Squatch products made through their affiliate links. These posts included a disclosure stating "creator earns commission." P&G challenged the ads, arguing that the influencers should have also disclosed their participation in Dr Squatch's reward program, where they could earn rewards and prizes in addition to affiliate commissions. Dr. Squatch voluntarily discontinued the ads, so NAD didn't rule on the merits or weigh in on whether double material connection disclosures would be necessary in these circumstances. (That did not stop me from blogging about the case, though, and putting in my two cents on the issue. Read it if you want to know where I came out.)

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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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