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ARTICLE · 08 AUGUST 2025

Double Disclosures: When Do You Need Them?

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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Arecent NAD case (Report #7841) addressed this very issue but since the advertiser voluntarily pulled the ads in question, NAD did not make a substantive determination.

United StatesMedia, Telecoms, IT, Entertainment

A recent NAD case (Report #7841) addressed this very issue but since the advertiser voluntarily pulled the ads in question, NAD did not make a substantive determination. Here's what we know: P&G initiated a SWIFT case against Dr. Squatch, challenging a number of posts on TikTok.The posts in question all 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."

In addition to its influencer program, Dr. Squatch also periodically runs an affiliate reward program where content creators can earn rewards and prizes in addition to affiliate commissions. P&G argued that this is "an unexpected material connection separate from and on top of TikTok Shop commissions" and that, therefore, this reward earn potential should be clearly and conspicuously disclosed in

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www.fkks.com

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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