Dupe influencers and the shadow of infringement: who is accountable?

“Dupe fever” has taken over social media, but it has also raised legal alarms. Influencers who promote low-cost products that try to resemble those of major luxury brands without mentioning the name of those brands or advertising agreements, are posing new legal challenges. Where can we draw the line between legitimate inspiration and unfair competition? […]

Beauty filters on Instagram are in the spotlight: are they misleading?

While 2020 brought a wealth of developments in relation to the regulation of influencer advertising (see here) and the mandatory use of the hashtag #publi when it is not obvious that the message is advertising (see here), the goalpost has been moved even further in 2021. The Advertising Standards Authority (ASA) – the British equivalent […]

The Influencers’ Code of Conduct comes into force on January 1, 2021: are you aware of your obligations?

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. It clarifies doubts about ‘safe’ labels such as “ad” or “sponsored by”, when they should be used and the contractual obligations that members should follow. We summarize […]