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The TikTok ban in the USA was short-lived. The days preceding the ban were marked by US creators opening up to their communities—perhaps a bit too much. Some of TikTok’s biggest names jumped on the trend and revealed “secrets” about their content. Little did they know that unforeseen legal implications could arise from admitting that they had been lying to their communities.
Since we’re all gonna die, there's one more secret I feel I have to share with you
2025 promises to be a very interesting year for influencer marketing and social media in general. Things tend to move quickly on social media, and the 360° turn regarding the USA TikTok ban is no exception. The days leading up to the ban were marked by US creators trying to make the best of the remaining time on the platform, and the ban quickly became the focal point of trends throughout the TikTok community. Some of the platform’s biggest names took the opportunity to reveal “secrets” about their content. These reveals usually start with a viral audio clip from the TV show Family Guy: “Since we’re all gonna die, there's one more secret I feel I have to share with you,” followed by their secret.
Charlie D’Amelio jumped on the trend and revealed “(…) I still don’t understand the hype tbh”.
While most reveals were quite innocent (or even humorous), some may have opened a legal Pandora’s box. Many took the opportunity to reveal that they had been lying about the central points of their content, in videos that have since been shared thousands of times.
Many confessed to endorse products they didn’t like or wouldn’t use.
In an era where digital creators need to keep high engagement on their content in an ever more competitive space, some influencers revealed that the amount of food they seemed to be eating on camera or the amount of makeup they were putting on their faces was exaggerated and was not reflecting the truth. Some of the more controversial lies unveiled include undisclosed plastic surgeries, fake product reviews, and misleading product recommendations. These kinds of revelations could lead to consequences such as a decrease in followers, a general loss of trust from their community, and potential loss of new brand deals, but the implications may not end there.
Many influencers came forward to reveal that they have engaged in promotional activities for brands whose products did not live up to the “hype,” performance standards, or quality they originally claimed. Others even admitted to never actually using the products they endorsed or showed in their videos. For example, one hair influencer admitted that their glossy and healthy hair appearance was achieved through other means, rather than the products they endorsed. Similarly, one influencer confessed to removing some elements from the outfit she was gifted by a luxury clothing brand, describing the outfit as “cut-up.” Another revealed that she was not using the ice cubes shown in her viral videos.
This brings up another type of reveal that garnered much attention on the platform. Fitness influencers lied about having undergone plastic surgery to obtain their physique. There is a rumor circulating on the platform in which one fitness influencer supposedly revealed that they had a Brazilian Butt Lift (BBL) surgery, without sharing this information with their community. While undergoing plastic surgery is a personal choice and can be kept private, lying about not having undergone such procedures on social media - especially when using your physique to sell workout programs or dietary supplements - could have indirect implications, depending on the circumstances. These revelations bring to light several legal and ethical considerations within the influencer marketing industry.
The trend backlashed and can have legal implications
Influencers who promote products or services while making false claims may be seen as engaging in misleading advertising.
“Endorsements must be honest and not misleading. An endorsement must reflect the honest opinion of the endorser and can’t be used to make a claim the marketer of the product couldn’t legally make.”,the Federal Trade Commission (”FTC”)
This is not always the case with law, but I must admit that there is a certain level of harmonization, or at least some commonalities, between most countries regarding basic truth-in-advertising principles. Influencers are responsible for the content they post and are generally required, regardless of the market they are active in, to be transparent in their collaborations and marketing activities. Many countries have published guides and introduced certifications to educate influencers on the proper ways to post content on social media. To name a few, Sweden, France, and Austria (stay tuned for our upcoming compendium featuring national influencer guides from around the world).
According to the FTC’s endorsement guides, failing to disclose the truth can lead to investigations and potential penalties, as authenticity and transparency are critical to protecting their viewers' rights as consumers. Not complying with these rules would affect not only an influencer lying about the effects of a cosmetic product but also a fitness influencer lying about the efficiency of a workout program in the context of undisclosed plastic surgery.
“If you’re paid to talk about a product and thought it was terrible,you can’t say it’s terrific”., FTC’s Disclosures 101 for Social Media Influencers (p6).
If influencers have contractual agreements with brands contingent upon specific conditions—for example, using a product as advertised or during a specific period. It is not uncommon for brands to add clear instructions on how to use the product advertised to comply with industry standards and applicable laws. Additionally, some brands include clauses prohibiting negative reviews of the brand. Falsifying product claims or not complying with the instructions given by the brand could be seen as a breach of contract.
Being caught in a lie can significantly harm an influencer's reputation and the brands associated with them, especially if the brand has a strong association with the influencer due to prolonged collaborations or ambassadorship. Some reveals may lead to legal actions from dissatisfied partners or brands alleging that their reputations were damaged by association. It may be relevant for brands engaging in long-term partnerships with ambassadors to include a specific termination clause to protect their own reputation in case the relationship becomes detrimental.
Followers or consumers who experience harm, such as financial loss, due to reliance on an influencer’s false claims might pursue legal action. However, these cases can sometimes be challenging to prove, as consumers are usually required to demonstrate a direct link between the influencer's statements and the harm suffered.
The recent events highlight concerns about authenticity and transparency in influencer marketing and underscore the importance of honest reviews to maintain their audience’s trust. To address these challenges, brands may consider implementing different strategies.
How to mitigate the risk of being caught in the middle?
One key strategy could be to build on a diversification of influencer partnerships. This includes collaborating with influencers who have a proven track record when it comes to credibility and transparency. We can all agree that influencer marketing can be a very powerful tool for brands, but it requires a careful selection of the influencers they want to partner with. Selecting influencers who align with the brand's niche and values is essential for maintaining credibility and resonance with the target audience. Moreover, hiring micro-influencers can be advantageous. They often provide more reach across diverse audience segments and reduce the impact of any single influencer's inability to access a social media platform or failure to comply with e.g. contractual obligations and applicable laws.
A second option could be expanding social media engagement across different platforms in order to further mitigate risks associated with reliance on a single platform.
Finally, brands may benefit from establishing clear guidelines and expectations for the content to be produced in influencer contracts, including clauses on truthful advertising, authenticity, and disclosure requirements. By monitoring and regularly assessing the performance and integrity of influencer collaborations, brands can swiftly adjust their strategies and partnerships to protect their reputation and maintain brand integrity.
It is clearer than ever that brands need to find new ways to diversify their influencer partnerships and expand their social media presence across multiple platforms and influencers to mitigate risks. Drafting good agreements regulating the risks that may arise from misleading advertising and harmful reviews has lately become increasingly important. This also reflects a growing trend of building strong relationships with influencers to promote responsible influencer marketing.
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