NAD Reviews More Influencer Posts

As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a fashion brand that specializes in underwear and loungewear – in various Instagram posts.

Skims advised NAD that it contractually requires its influencers to comply with the FTC's Endorsement Guides, that it instructs them to disclose their connections, and that it monitors compliance and contacts influencers when it finds problems. Despite these efforts, some posts didn't include the required disclosures.

Skims also argued that because some posts didn't mention Skims in the post copy and didn't identify the brand, the posts wouldn't be seen as endorsements. NAD noted that although the posts didn't mention Skims in the captions, the brand was tagged in the images, which qualifies them as endorsements under the Endorsement Guides.