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Vic Domen 00:00
But you know Kim Kardashian is probably the most obvious example of someone who had to pay real money and real prices. It wasn’t just simply an injunction to stop her from making the endorsement. She had to pay real money to kind of get out from under the liability that she had potentially created.
Andrew McCoomb 00:19
You’re listening to Disputed, a Norton Rose Fulbright podcast. In this episode, we’re talking with Erin Brown and Vic Domen about deceptive marketing practices, and in particular, misleading advertising by influencers on social media. Advertising has come a long way since the days of driving down the highway and seeing billboards. Influencer advertising is quickly becoming one of the most pervasive and effective forms of marketing out there. The Canadian Competition Bureau and the US Federal Trade Commission are concerned with ensuring that posts by influencers are not misleading, including as to whether they have a connection with the brand in question. Erin and Vic provide us with their takes on key areas that regulators are concerned with, penalties for influencers who engage in misleading practices – like not disclosing brand connections – and also talk about regulatory similarities and differences in the US and Canada. And of course, they also share best practices for influencers and companies alike. Erin Brown is a senior associate in our Ottawa office whose practice focuses on a wide variety of regulatory issues, including competition and antitrust law, international trade, economic sanctions and export controls, as well as customs and procurement, and she’s an avid consumer of social media herself. Vic Domen is a partner in our Washington, DC office, a government and antitrust investigations and prosecutions lawyer. As a former