FDA Is Still Keeping Up With The Kardashians

When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that's where regulators have focused most of their attention in recent years. But that's not where a company's obligations stop – companies also need to take steps to ensure that influencers comply with other laws.

In 2015, we noted that the FDA took issue with a social media post in which Kim Kardashian praised a morning sickness drug. Although Kim did disclose that she was working with the drug company, the FDA alleged she failed to comply with prescription drug advertising requirements because she didn't disclose the "consequences that may result from the use of the drug as recommended."